Stay of proceedings

Rule 3.1(2)(f) of the Civil Procedure Rules 1998 provides that the court may stay the whole or part of any proceedings or judgment either generally or until a specified date or event.

The making of a stay imposes a halt upon the proceedings and also halts the expiration of any time limit in those proceedings which had not expired when the stay was imposed, including deadlines for service.

Proceedings can be continued if a stay is lifted and the order for a stay will usually specify what steps the parties should take at the end of the stay period.

Stay of execution

Rule 40.8A of the Civil Procedure Rules 1998 provides that the court may stay the execution of a money judgment or other order on the grounds of matters which have occurred since the date of the judgment or order.

Appealing a court decision does not automatically impose a stay of execution in respect of the operative provisions of the court order subject to the appeal. The request or application for a stay of execution should be made at the same time as the request or application for permission to appeal.