What is the difference between motion to stay and continuance?
Asked by: Dr. Marisol Stroman MD | Last update: June 13, 2025Score: 4.1/5 (58 votes)
A stay is an order that temporarily halts the effect of a court order or judgement. A continuance is an order that temporarily delays a judicial proceeding.
What is the difference between a stay and a continuance?
In CRD cases, an extension of time refers to resetting the date on which a submission is due; a continuance refers to resetting the date or time on which an event, such as a hearing or a prehearing conference, is to take place; and a stay (of proceedings) refers to the suspension of all due dates for submissions or ...
What does a motion of stay mean?
In California, a “motion to stay sentence pending appeal” asks the trial court to delay the sentence while the defendant appeals their criminal case. If the judge grants the motion, the imposition of the sentence will be temporarily paused until the appellate court rules on the appeal.
What is the purpose of a continuance?
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
Why would a judge deny a motion to stay?
There are several reasons it could have been denied 1)violations 2)mandatory sentence not met 3)judge feels has not been rehabilitated, 4) reduction in charges for plea deal and recommended sentence.
Motion For Continuance
What to do if motion to stay is denied?
In many states, you must file this Motion to Stay first with the trial court and, if it is denied, then you would re-file it in the appellate court.
When something in motion wants to stay in motion?
Newton's Law of Inertia - an object at rest stays at rest, an object in motion stays in motion, unless acted in by an unbalanced force.
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
When you receive a case in continuance?
A Case in Continuance status indicates that the employee has contacted DHS and/or visited an SSA field office, but more time is needed to determine a final case result. The reason DHS or SSA needs more time varies with each situation. Employers should check E-Verify periodically for case result updates.
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
What does it mean to stay in motion?
Newton's First Law: Inertia. Inertia means that an object in motion will stay in motion in the same direction, or will stay at rest, unless another force acts upon it. For an object to change direction or stop moving, something has to overcome inertia. Newton's First Law: Inertia.
How to write a motion to stay?
A motion for stay shall state the reasons for the relief requested and the facts relied upon and, if the facts are subject to dispute, shall be supported by an affidavit.
Is a motion to stay a responsive pleading?
Similarly, a motion to stay is not a responsive pleading.
Can a motion for continuance be denied?
In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case.
What is an example of continuance?
Example: In a custody hearing, the plaintiff has had no visitation with his son. The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks.
What does a stay mean in a court case?
Stay is an action taken by a court to stop a legal proceeding or the actions of a party. A stay most commonly is issued by a court as a stay of proceedings in order to stop litigation from continuing, and they normally are only temporary.
What does it mean when a lawyer asks for a continuance?
A continuance is when the court grants a request to delay a hearing, trial, or other legal proceedings until a later date. It can be requested by either the defense or prosecution and, in some cases, even by the judge.
How many times can a continuance be granted?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
Can I get a continuance without a lawyer?
Absolutely. You would just need to draft it and explain why you need the continuance.
Is a continuance the same as a stay?
A stay is an order that temporarily halts the effect of a court order or judgement. A continuance is an order that temporarily delays a judicial proceeding.
Why do lawyers drag out cases?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
What does "stay in motion" mean?
Newton's first law of motion – sometimes referred to as the law of inertia states that an object at rest stays at rest, and an object in motion stays in motion with the same speed and in the same direction unless acted upon by an unbalanced force.
What are the 3 laws of motion?
In the first law, an object will not change its motion unless a force acts on it. In the second law, the force on an object is equal to its mass times its acceleration. In the third law, when two objects interact, they apply forces to each other of equal magnitude and opposite direction.
What causes an object in motion to stay in motion?
Inertia causes a moving object to stay in motion at the same velocity (speed and direction) unless a force acts on it to change its speed or direction. It also causes an object at rest to stay at rest.