Motion for Stay

Jurisdiction: Country: The United States | Province or State: Ohio

What is a Motion for Stay?

A Motion for Stay asks the court to pause a case or stop the enforcement of a judgment. You use it to hold things in place while the court decides another issue. That issue may be an appeal, a post-judgment motion, or a pending hearing. The stay prevents actions that could cause harm that cannot be undone.

Who typically uses this form?

Defendants often use it after a judgment. Tenants use it to pause an eviction. Employers use it to halt a garnishment. Criminal defendants use it to suspend a jail sentence pending appeal. Parents use it to prevent changes to parenting time until a review occurs. Plaintiffs can also use it to pause enforcement if they plan to challenge a ruling against them. Government entities and businesses file these, too.

Why would you need this form?

You want time for the court to consider your next step. You may be appealing. You may seek to set aside a judgment. You may need to prevent immediate harm. A stay helps preserve the status quo. It avoids actions that are hard or impossible to reverse. Examples include eviction, wage garnishment, property sale, or jail.

Typical usage scenarios

After a money judgment, you may face a bank levy or wage garnishment. You file a stay to stop collection while you appeal. In an eviction case, you may have a set-out date. You ask for a stay to remain in the home while you seek review. In a criminal case, you may be ordered to report to jail. You ask for a stay and bond while the appeal is pending. In a business dispute, you may face an injunction forcing operational changes. You move to stay the injunction pending further review.

In Ohio, trial courts handle stay requests first. Appellate courts can also grant stays after an appeal is filed. Some money judgments have a short automatic pause. That pause ends quickly. After that, creditors can enforce. You file a Motion for Stay to extend that pause. You may need to post a bond to protect the other side. The court sets the amount and terms. You often file a proposed order as well. That lets the judge grant relief fast.

When Would You Use a Motion for Stay?

• You use a Motion for Stay when time and risk are pressing. The core question is simple. What will happen if the court does not pause things now? If that outcome is severe or irreversible, you should consider a stay.
• You are a tenant with an eviction judgment. The sheriff’s set-out is scheduled in days. You have grounds to appeal. You file a stay to pause the set-out. The court will look at your rent history and appeal issues. The court may require a bond or ongoing rent payments.
• You are a judgment debtor hit with a large money judgment. The creditor has started garnishment. You plan to appeal or seek relief from the judgment. A stay can halt the garnishment and bank levies. The court may require a bond equal to the judgment, interest, and costs. You propose a bond amount and surety.
• You are a small business ordered to comply with an injunction. If you comply now, you could lose contracts or customer trust. You file a stay while you seek review of the injunction. You explain the harm and propose conditions. The court may tailor the stay, such as pausing only parts of the order.
• You are a criminal defendant ordered to serve a sentence. You plan to appeal the conviction or sentence. You ask the trial court to stay the sentence. You request release on bond pending appeal. The court will assess risk and the legal issues raised.
• You are a parent facing a sudden change in parenting time. You believe the order has clear legal errors. You move to stay the change while you seek review. The court weighs the child’s best interest and risks of delay.
• You are an employer served with a wage garnishment order. You dispute the validity of the judgment. You need a short pause while you file the proper challenge. A stay can prevent payroll disruption. You must act fast and notify the creditor.
• You are a municipality or agency impacted by a court order. Compliance may affect public operations or safety. You file a stay to maintain current practices while the matter proceeds. The court considers the public interest and potential harm.
• In all these, urgency matters. File as soon as you see the risk. Ask for a temporary stay while the motion is briefed. Be specific about what you want paused and for how long. Courts expect clarity and a plan to protect the other side.

Legal Characteristics of the Motion for Stay

A Motion for Stay is a procedural request. It does not, by itself, change any rights. It becomes binding only if the court grants it in a written order. Once signed, that order binds the parties, counsel, and officers of the court. It can direct the sheriff to halt a set-out. It can direct the clerk to hold garnishment. It can suspend the enforcement of a judgment. Violating a stay order can lead to contempt.

What ensures enforceability?

A clear written order, proper service, and compliance with conditions. Conditions often include a bond. For money judgments, Ohio courts often require a “supersedeas” bond. The bond protects the judgment creditor. It covers the judgment, interest, and taxable costs. Sometimes it includes additional amounts for delay. The court decides the amount. You must post it in the form the court approves. That can be a surety bond, cash deposit, or other security.

Courts weigh specific factors when deciding stays. They consider whether you show a strong issue on review. They look at irreparable harm without a stay. They weigh harm to the other side if a stay is granted. They consider the public interest. No single factor controls every case. Courts balance the factors based on the record.

Some orders are harder to stay. Support orders often continue despite an appeal. Courts may refuse to halt ongoing child or spousal support. Protection orders are also hard to pause. Public safety weighs heavily there. Eviction stays are time-sensitive and fact-driven. You may need to continue paying rent during the stay.

You must seek a stay first in the court that issued the order. If that court denies or limits relief, you can ask the appellate court. Appellate courts expect you to show what happened below. Attach the denial, the judgment, and your proposed conditions. You must also show that you filed or will file the appeal. Timing and completeness matter to credibility.

A stay is temporary. It lasts until a set date or a clear event. Common endpoints include the resolution of the appeal or motion. The court can modify or dissolve the stay at any time. You must obey all conditions during the stay. Missed bond payments or rent can end the stay fast.

How to Fill Out a Motion for Stay

Follow these steps to complete and file a Motion for Stay in Ohio. Adjust details for your case type and court.

1) Get your case details

• Find the exact case caption. Use the same party names as previous filings.
• Confirm the case number, judge or magistrate, and court division.
• Gather the judgment or order you want stayed. You will attach it.

2) Choose the correct title

• Use a clear title. Examples:
• Defendant’s Motion for Stay of Execution of Judgment
• Tenant’s Motion to Stay Writ of Restitution
• Motion to Stay Sentence Pending Appeal
• Motion to Stay Proceedings Pending Appeal
• Match the requested relief to the title. Keep it specific.

3) Identify what you want to stay

• Describe the specific action to pause. Examples:
• Wage garnishment in this case.
• Sheriff’s set-out scheduled on [date].
• Execution on the money judgment entered on [date].
• Enforcement of the injunction paragraphs [list].
• Commencement of jail sentence on [date].
• State how long you want the stay to last. Tie it to an event, such as “until final resolution of the appeal.”

4) State the procedural posture

• Explain where the case stands. Example:
• “The court entered judgment on [date].”
• “Plaintiff began garnishment on [date].”
• “The eviction set-out is scheduled for [date].”
• “Defendant timely filed a notice of appeal on [date].”
• Keep this section factual and short.

5) Explain the legal standard

• State that Ohio courts balance four factors for stays. Name them:
• Likelihood of success on the merits.
• Irreparable harm without a stay.
• Harm to others if a stay is granted.
• The public interest.
• You do not need citations. Clear statements are enough for the motion form.

6) Apply the factors to your facts

• Likelihood of success: Identify your key appeal issue or error. Be concise. Example:
• “The court applied the wrong damages measure. The record lacks proof of lost profits.”
• Irreparable harm: Explain why money later will not fix it. Examples:
• Loss of home, customers, licenses, or constitutional rights.
• Jail time served that cannot be undone.
• Harm to others: Propose conditions to protect the other side. Example:
• Ongoing rent payments during an eviction stay.
• Maintaining an escrow for disputed funds.
• Public interest: Address safety and fairness. Example:
• “A short stay allows orderly review without public harm.”

7) Address bond or security

• Propose a bond amount if this is a money judgment. Explain your calculation. Include judgment, interest, and costs.
• Offer a form of security. Options:
• Surety bond from a licensed surety.
• Cash deposit with the clerk.
• Letter of credit or property bond, if allowed by the court.
• For eviction, propose ongoing rent payments and a bond covering rent during the appeal.
• For injunctions, propose tailored conditions that protect the other side.

8) Attach proof and declarations

• Attach the judgment or order at issue.
• Attach your notice of appeal, if filed.
• Include affidavits for key facts not in the record. Examples:
• Proof of set-out date.
• Financial hardship from immediate enforcement.
• Risk to business operations or licenses.
• Affidavits must be signed and notarized. Exhibits should be labeled.

9) Draft the proposed order

• Prepare a one-page proposed order that grants the stay.
• Include:
• What has stayed.
• When the stay starts.
• When the stay ends.
• Bond amount and deadline to post it.
• Any ongoing payment or escrow terms.
• A requirement to serve the order on relevant parties and agencies.
• Attach this to your motion. Judges often use it to rule quickly.

10) Include a request for temporary relief

• Ask for a brief temporary stay pending the hearing. State the emergency. Example:
• “A temporary seven-day stay is needed to avoid set-out while this motion is heard.”
• Offer to post security quickly. Ask for an expedited hearing date.

11) Complete the caption and signature block

• Caption: Court name, county, division, case number, judge, party names.
• Title the document as described above.
• Signature block:
• Your name, address, phone, and email.
• If you are pro se, state that.
• If you are counsel, include your attorney registration number.
• Date the motion.

12) Add a certificate of service

• State that you served all parties on the same day you filed.
• List names, addresses, and delivery methods. Include email if service is by e-filing notice.
• Sign the certificate. This is mandatory.

13) File the motion

• Use the court’s e-filing system if required. Some courts still allow in-person filing.
• Pay any filing fee if one applies. Many stay motions have no fee, but check.
• Upload the motion, exhibits, affidavits, and proposed order as separate PDFs if possible.
• Verify the filing confirmation number or stamped copy.

14) Notify the court and set a hearing

• Call the judge’s bailiff or clerk after filing. Request a prompt hearing date.
• If there is an emergency deadline, tell them.
• Ask if the judge will rule on the papers or needs testimony.

15) Serve practical stakeholders

• If the court grants a temporary stay, send the signed order to those who must act.
• Examples:
• Sheriff’s civil division for evictions.
• Employer payroll for garnishments.
• Bank legal department for levies.
• Jail or probation office for criminal stays.
• Follow up to confirm they received and paused action.

16) Post the bond if required

• If the court sets a bond, meet the deadline precisely.
• Deliver the bond in the approved form. Get a filed-stamped copy or receipt.
• The stay often does not begin until the bond is posted. Do not delay.

17) Prepare for the hearing

• Bring proof of harm and your appeal issues. Keep it focused.
• For eviction, bring payment receipts and the ability to pay the ongoing rent.
• For money judgments, show bond capacity and hardship evidence.
• Be ready to discuss narrower alternatives if needed.

18) After the ruling

• If granted, read the order closely. Calendar the end date and all conditions.
• Serve the order immediately to those affected.
• Track ongoing obligations: rent, escrow, or reports.
• If denied, ask for a brief administrative stay to seek relief in the appellate court.
• File a stay request in the appellate court with the lower court’s order attached.

19) Common drafting tips

• Be specific about what is stayed. Avoid vague terms like “all matters.”
• Tie the stay to clear triggers. Use dates or case milestones.
• Offer fair protections. Courts grant stays more often when you protect the other side.
• Keep sentences short and factual. Avoid emotional claims without proof.

20) Optional sections to include

• Background: Two to three paragraphs summarizing key facts and dates.
• Argument: Short sections for each stay factor.
• Security: A standalone section proposing bond details.
• Compliance plan: How you will meet conditions during the stay.
• Conclusion: A one-paragraph request restating the relief and timing.

Content to include in your motion form

• Parties: Names and roles as shown in the case caption.
• Clauses: Relief requested, legal standard, argument, and bond terms.
• Signatures: Your signature, date, and contact information.
• Schedules/Exhibits: Judgment, notice of appeal, affidavits, and any proof of harm.
• Proposed order: Clear terms, conditions, and service instructions.

Practical examples for Ohio cases

• Eviction: “Tenant moves to stay the writ of restitution scheduled for [date]. Tenant will pay ongoing rent on the first of each month into escrow. Tenant will post a bond equal to two months’ rent within three days.”
• Money judgment: “Defendant moves to stay execution pending appeal. Defendant proposes a bond equal to the judgment, interest for one year, and taxed costs. Defendant can post a surety bond within seven days.”
• Criminal sentence: “Defendant moves to stay execution of sentence pending appeal. The appeal challenges the admission of key testimony. Defendant requests release on bond and agrees to reporting and travel limits.”

Finally, mind local practices. Each Ohio court may have small differences. Some require a specific caption format. Some require a separate memorandum. Some require proposed orders to be editable. If you meet these preferences, you improve your chances of swift relief.

Legal Terms You Might Encounter

A stay is a court order that pauses part or all of a case. Your motion asks the judge to issue that pause. The status quo is the current state of things. You argue a stay will preserve it until the court decides key issues. Irreparable harm means harm that money cannot fix later. You must explain the harm if the stay is denied. Likelihood of success means your chance of winning on the issue tied to the stay. You should point to rulings, facts, or law that favor you. Balance of harms compares your harm to the other side’s harm from a pause. Your motion should show that your harm outweighs theirs. Public interest is the broader impact beyond the parties. Explain why a pause benefits the system or third parties. Supersedeas is a stay that halts the enforcement of a judgment during an appeal. If you seek that, say so and attach the judgment. Bond or security is money you may need to post to protect the other side. Your motion should address whether a bond is needed and in what amount. A proposed order is a draft order you want the judge to sign. Attach it and make the scope and duration clear. A certificate of service proves that you sent the motion to other parties. Fill it out correctly so the court accepts your filing.

FAQs

Do you need a bond to get a stay?

A bond is sometimes required, especially to pause a judgment. The court decides based on risk and harm. You should address the bond directly in your motion. If you argue no bond is needed, explain why. If you can post one, suggest a reasonable amount. Be ready to provide proof of funds.

Do you still have to meet deadlines during a stay?

A stay does not automatically pause every deadline. It depends on the order’s scope. Ask the court to identify what is paused and what continues. If the order is silent, assume deadlines remain. Get clarity at the hearing or by filing a clarification request.

Do you need a hearing on a motion for stay?

Not always. Some courts decide on the papers. Others set a hearing if relief is urgent or disputed. Ask for a hearing if you need quick action. Be ready to argue facts and law concisely. Bring exhibits, affidavits, and your proposed order.

Do you file a stay or a continuance to move a date?

A continuance moves a deadline or hearing date. A stay pauses proceedings or enforcement more broadly. If you only need more time, seek a continuance. If you need to halt steps like discovery or enforcement, file a stay. Your motion should match the relief you truly need.

Do you get an automatic stay when you appeal?

You rarely get an automatic stay. You usually need to file for a stay pending appeal. The court will weigh several factors before granting relief. If a bond is required, be prepared to post it. File quickly to avoid enforcement while you wait.

Do you have to serve the other side?

Yes. You must serve the motion and all attachments. Follow the service rules that apply to your case. Complete the certificate of service accurately. For urgent stays, use the fastest method allowed. Keep proof of service for the court and your records.

Do you risk sanctions if you violate a stay?

Yes. Violating a stay can bring sanctions or contempt. Actions taken in violation may be void. Make sure your team and vendors know the order’s scope. If you are unsure, seek clarification promptly. Document your efforts to comply.

Do you need to file an emergency stay?

File an emergency stay only if harm is immediate. Explain the urgency in plain terms. Show why standard timing will cause irreparable harm. Ask for temporary relief while the court reviews the full motion. Serve promptly and be available for a quick hearing.

Checklist: Before, During, and After the Motion for Stay

Before signing

• Identify exactly what you want to pause and for how long.
• Gather the current docket sheet and last key orders.
• Note any imminent deadlines or enforcement actions.
• Collect evidence of harm, including declarations and exhibits.
• Draft a clear statement of the harm and the legal basis.
• Decide whether to request an expedited hearing.
• Prepare a proposed order with a precise scope and duration.
• Address bond: amount, reason, ability to post, or why not needed.
• Build a concise memorandum supporting your legal standard.
• Confirm all party names, service addresses, and emails.
• Check formatting and page limits for your court.
• Confirm filing fees or fee waiver paperwork.
• Plan your service method for speed and proof.
• Block your calendar for a potential hearing date.

During signing

• Verify the caption, case number, and judge’s name.
• Ensure you request a stay, not only a continuance.
• State the exact relief and the timeframe you seek.
• Tie facts to harm that money cannot fix.
• Show your merits argument in clear, short points.
• Weigh the harms on both sides and the public interest.
• Attach exhibits and label them clearly.
• Include a detailed proposed order for the judge.
• Fill out the certificate of service fully and accurately.
• Sign and date all documents. Add your contact info.
• Check for required notarization on declarations.
• Number pages and confirm references to exhibits.
• Proofread for typos, dates, and inconsistent terms.

After signing

• File the motion using the court’s required method.
• Pay the filing fee or submit your fee waiver.
• Serve all parties the same day, if possible.
• Calendar response and reply deadlines.
• Request a hearing date if needed or permitted.
• Monitor the docket for updates or orders.
• Prepare a hearing binder with tabs and copies.
• Arrange bond logistics if the court orders security.
• Submit the proposed order in the court’s preferred format.
• Confirm the clerk accepted all filings and exhibits.
• Send courtesy copies if your court requires them.
• Set reminders for compliance once an order is issued.
• Store stamped copies and proof of service securely.

Common Mistakes to Avoid

• Asking for a broad pause without specifics. Judges deny vague requests. Don’t forget to define what stops and for how long.
• Ignoring a bond or security. Courts expect you to address it. Don’t forget to propose an amount or justify none.
• Filing at the last minute without urgency or facts. Late, thin motions rarely win. Don’t forget to show why the delay harms you now.
• Skipping a proposed order. That slows review and invites errors. Don’t forget to attach an order with precise terms.
• Failing to serve properly. Bad service can derail relief. Don’t forget to complete and file the certificate of service.

What to Do After Filling Out the Form

1. File the motion and all attachments. Use the correct filing portal or clerk’s counter. Include your proposed order and any exhibits. Pay the fee or submit your fee waiver.
2. Serve all parties the same day. Use the fastest approved method. File your certificate of service right after service. Keep all delivery receipts.
3. If time is critical, request temporary relief. Ask for a short pause while the court considers the motion. Explain the urgency in a short notice. Be available for a quick hearing.
4. Confirm a hearing date if the court requires one. Coordinate dates with opposing counsel when possible. File a notice of hearing if needed. Update your calendar and your team.
5. Prepare for the hearing. Outline your argument in three parts: merits, harm, and balance. Trim to the strongest facts and law. Bring copies of key cases, orders, and exhibits. Prepare a short script with time checks.
6. Address bond proactively. If the court hints at a bond, offer a number and timing. Bring proof of your ability to post it. If you oppose the bond, present clear reasons and alternatives.
7. File a reply if allowed and helpful. Keep it focused and short. Address new points in the response. Attach supplemental exhibits only if necessary.
8. Consider a stipulation. Reach out to the other side about a limited stay. Narrow issues can build trust and speed relief. File the stipulation for court approval.
9. Monitor the docket after the hearing. Download the signed order as soon as it posts. Read the scope and deadlines carefully. Circulate the order to your team and vendors.
10. Implement compliance right away. Pause tasks named in the order. Notify anyone affected, such as vendors or custodians. Document all steps you take to comply.
11. If the motion is denied, evaluate options. Consider renewing with new facts or narrower relief. Consider seeking relief in the reviewing court if appropriate. Discuss risks, costs, and timing before you act.
12. If the motion is granted, manage the stay. Track the end date and any conditions. Calendar status reports or check-ins that the court requires. Prepare early for the stay’s end.
13. If circumstances change, update the court. File to modify, extend, or lift the stay as needed. Explain the change with new facts. Propose a revised order with clear terms.
14. Close the loop after final resolution. File any required notices or withdrawals. Update your case plan and deadlines. Store all orders, bonds, and proofs of service.