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 Virginia, you must submit a motion to the court. Such motion should include the reason(s) why you are requesting a stay as well as the time period that you are requesting. The motion must be in writing and supported by court documents, affidavits, or other evidence in order to be considered. If the action is being delayed due to an issue with the defendant, you must also include evidence such as an affidavit of service and other related documents. Upon submission of the motion, the court will review it and decide if a stay of proceedings is appropriate. If so, the court will issue an order granting the stay. Generally, this order will specify the duration of the stay as well as any other conditions that must be met before the action can go forward. It is important to note that a stay of proceedings only pauses the action, and does not permanently prevent it from taking place. The action can still proceed after the stay is lifted, as long as all other conditions are met. Once your motion for a stay of proceedings is granted, it is recommended that you keep track of the time period covered by the stay and make sure to file all further documents in a timely manner.
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