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 Kansas, you must file a Motion for a Stay and Order with the court. The motion must include the specific reason for the stay and the length of time it is requested for. This motion must be filed with the Clerk of the Court before the scheduled hearing date. After the motion is filed, you will need to serve the opposing party with a copy of the motion at least five days before the hearing date. You must provide proof of service, such as by mail or affixing to the person’s door. Once the motion is filed and served, a hearing will be scheduled where the motion can be argued by both parties. The judge will then decide whether or not to grant the request for a stay of proceedings. If the motion is granted, the court will issue an order halting the proceedings while the stay is in place. The amount of time the stay is in place will vary depending on the specific situation and the decision of the court. It is important to note that not all stay requests are granted. The judge must decide that the motion has merit before granting a stay. If the request is denied, the court will proceed with the original hearing date and you will be expected to attend.

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