Stay Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Stay, written in plain English, along with examples of how it is used.

What is Stay?

(n) Stay is the court order granting status quo till such time to facilitate the recipient to do the required act. For example stay order against retrenchment., stay order against vacating the rented house etc

History and Meaning of Stay

A "stay" is a legal term for a court order that temporarily suspends proceedings or delays further action on a case. The stay is issued in order to grant the recipient time to complete a required act, and to maintain the status quo in the interim. For example, a stay order may be issued against an eviction notice, allowing the tenant to remain in the rented property until the matter is resolved.

Stays have been used in legal proceedings for centuries, with some of the earliest examples dating back to the Roman Empire. The purpose of a stay is to provide a measure of protection for the interests of both parties in a legal dispute, without unduly prolonging the case or creating an undue burden on the court system.

Examples of Stay

  1. A stay order is issued in an employment case, preventing the employer from terminating a worker until the legal proceedings have been completed.
  2. A stay order is granted by a court in a bankruptcy case, halting all collections and foreclosure efforts against the debtor.
  3. A stay order is issued in a divorce proceeding, preventing one of the parties from selling any assets until the division of property has been resolved.

Legal Terms Similar to Stay

  • Injunction: Another type of court order that requires a party to halt certain actions or behavior.
  • TRO (Temporary Restraining Order): A temporary order issued by a court to prevent harm or damage to an individual or property pending a full hearing.
  • Dismissal: A court order terminating proceedings without a trial or resolution.