A stay can be granted automatically by operation of law or conventionally, when the parties in a civil or criminal case agree that no execution shall occur for a certain period. Unlike the position with regard to , the court has no inherent power to order a stay of execution of a judgment or order requiring the payment of money, which goes to the question of enforceability of the judgment rather than its validity or correctness. Sukumaran, and therefore, my request that these proceedings be allowed to continue and that there be a stay of execution. A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. For example, under section 362 a of the Bankruptcy Code, a debtor who files for bankruptcy receives an automatic stay immediately upon filing a voluntary bankruptcy petition.
Rule 62 of the American Federal Rules of Civil Procedure, for example, stays every civil judgment for 10 days after issuance. A last-minute stay of execution could only come from the governor of Virginia. He was executed a few months later, on March 14, 1984. What is said above refers to civil cases. Such stays of execution may be granted by executives, such as governors or the president of the United States, or by appeals courts.
Ergänzen Sie die im Englisch Cobuild Wörterbuch enthaltene Definition des Wortes stay of execution. One common reason is that another action is under way that may affect the case or the rights of the parties in the case. The prosecution asked for a stay of execution, and submitted new evidence. Such a stay is usually based upon proof that the tenant will suffer hardship without an extension and has failed to obtain other housing after diligent efforts. In landlord-tenant law, a stay of execution may be given by a judge to a tenant ordered to vacate the premises. A stay of execution is a time period in which a judgment of execution is prohibited from being carried out.
It is either conventional, when the parties agree that no execution shall issue for a certain period; or it is granted by law, usually on condition of entering bail or security for the money. Link to this page: stay of execution. In criminal cases when a woman is capitally convicted, and she is proved to be enceinte, there shall be a stay of execution till after her delivery. It usually is granted when the judgment debtor appeals the case, but a court may grant a stay of execution in any case in which the court feels the stay is necessary to secure or protect the rights of the judgment debtor. Cases and Materials on Pleading and Procedure: State and Federal. Sukumaran, and therefore, my request that these proceedings be allowed to continue and that there be a stay of execution.
Courts will grant a stay in a case when it is necessary to secure the rights of a party. This may occur if new evidence is discovered that will the convicted person or in attempts to have the sentence to life imprisonment. They got a stay of execution yesterday. District Judge Nanette Laughrey granted a stay of execution on November 19, 2013 in response to a motion by the lawyers of the convicted that use of the drug phenobarbital in a lethal injection would constitute cruel and unusual punishment. L'accusation a demandé un sursis à exécution et fourni de nouveaux éléments de preuve. For instance, assume that a defendant faces lawsuits from the same plaintiffs in two separate cases involving closely related facts. A stay can be granted automatically by operation of law or conventionally, when the parties in a civil or criminal case agree that no execution shall occur for a certain period.
V P stay out phrasal verb If you stay out at night, you remain away from home, especially when you are expected to be there. Mit Reverso greifen Sie auf ein Definitions -und Synonymwörterbuch auf Englisch zu, für stay of execution and Tausende von anderen Wörtern. A stay of execution is also typically granted when a losing party appeals a case, and courts may always issue a stay of execution if the court decides that a stay is in the interest of justice. Dazu suchen Sie in anderen englischen Wörterbüchern: Wikipedia, Lexilogos, Oxford, Cambridge, Chambers Harrap, Wordreference, Collins Lexibase Wörterbücher, Merriam Webster. Autry was already strapped down to the execution table in Texas on October 4, 1983 when the order came to stop the execution. He was executed a few months later, on March 14, 1984. Further readings Hazard, Geoffrey C.
Crowds of demonstrators who had gathered at airports and outside the Brooklyn courthouse let out cheers when news of the temporary stay broke. It is either conventional, when the parties agree that no execution shall issue for a certain period; or it is granted by law, usually on condition of entering bail or security for the money. The second detainee, Haider Sameer Abdulkhaleq Alshawi, was released around 7 pm on Saturday after 24 hours. A court date has been set for February. This type of stay is issued to postpone a case until a party complies with a court order or procedure. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party.
He had managed to arrange to stay on in Adelaide. Under rule 62 of the Federal Rules of Civil Procedure, every civil judgment is stayed for ten days after it is rendered. Gordon stayed at The Park Hotel, Milan. If the party fails to deposit the collateral, the court may cite the party for of court and impose a fine or order incarceration. One case is filed in federal court, and the other case is filed in state court.