What is a motion to stay proceedings pending resolution of an interlocutory appeal in civil litigation?
A motion to stay proceedings pending resolution of an interlocutory appeal in civil litigation is a request to suspend the trial proceedings in a civil case until a decision can be made on a particular issue. This type of motion is generally used when a party in the case wants to appeal an interlocutory order from the court that is not the final decision in the case. In the state of Texas, a motion to stay proceedings pending resolution of an interlocutory appeal in civil litigation is generally subject to the rules of civil procedure. This means that the motion should be in writing, signed by the filing party, and have the specific interlocutory order attached. The motion should also explain why the order should be stayed and the order should be served on the opposing party in order for it to take effect. If the other party wants to contest the request for a stay, they can ask the court to deny the motion. The court will then have to decide if the stay is appropriate or not. Depending on the court’s decision, the trial proceedings may be suspended while a decision is made on the interlocutory order, or the stay may be denied and the case progresses as normal.
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