How do I request a stay of proceedings in small claims court?
In order to request a stay of proceedings in small claims court in Indiana, you must file a motion to stay proceedings. The motion must be filed with the court and the other parties involved in the case must be served with a copy of the motion. In the motion, you must include the reason(s) why you are requesting a stay of proceedings. Some common reasons for a stay of proceedings may include the need for additional time to prepare for trial, recent changes in the law that could affect the outcome of the case, new evidence that has been recently discovered, or any other good cause showing that a stay of proceedings is necessary. When you file the motion, you must also pay the court filing fee. After your motion is filed, the court may schedule a hearing so that all parties can speak with the judge about the motion. It is important to attend this hearing as it will determine whether the court grants or denies your motion. If the court grants your motion, the proceedings will be stayed until a further order from the court. This means that no action can legally take place until further notice. It is important to remember that a stay of proceedings does not necessarily mean that your case will be dismissed. The court may still require the parties to participate in the trial at a later date. Therefore, it is important to stay up-to-date with the case and be prepared if a new hearing date is given.
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