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2022 California Rules of Court

Rule 3.515. Motions and orders for a stay

(a) Motion for stay

Any political party may file a movement for an social club under Code of Civil Procedure section 404.5 staying the proceedings in any action being considered for, or affecting an action being considered for, coordination, or the courtroom may stay the proceedings on its own motion. The motion for a stay may exist included with a petition for coordination or may be served and submitted to the Chair of the Judicial Council and the coordination motion estimate past any party at any time prior to the decision of the petition.

(Subd (a) amended effective January 1, 2005.)

(b) Contents of motion

A motion for a stay order must:

(ane)  List all known awaiting related cases;

(2)  State whether the stay club should extend to any such related instance; and

(three)  Be supported past a memorandum and by declarations establishing the facts relied on to testify that a stay order is necessary and appropriate to effectuate the purposes of coordination.

(Subd (b) amended and lettered effective January 1, 2005; adopted as part of subd (a).)

(c) Service requirements for certain motions for stay orders

If the action to be stayed is not included in the petition for coordination or any response to that petition, the movement for a stay society and all supporting documents must exist served on each political party to the action to be stayed and any such party may serve and submit opposition to the motion for a stay order.

(Subd (c) amended and lettered effective January 1, 2005; adopted equally part of subd (a).)

(d) Opposition to move for stay guild

Whatever memorandums and declarations in opposition to a motion for a stay order must be served and submitted within x days after service of the motion.

(Subd (d) amended and lettered effective January i, 2005; adopted as part of subd (a).)

(due east) Hearing on motion for stay gild

A stay club may be issued with or without a hearing. A party filing a motility for a stay guild or opposition thereto may request a hearing to determine whether the stay society should be granted. A request for hearing should be made at the time the requesting party files the motility or opposition. If the coordination move judge grants the request for a hearing, the requesting party must provide find.

(Subd (eastward) amended and lettered constructive Jan 1, 2005; adopted equally part of subd (a).)

(f) Determination of motion for stay club

In ruling on a motion for a stay gild, the assigned judge must determine whether the stay will promote the ends of justice, considering the imminence of any trial or other proceeding that might materially bear on the status of the action to exist stayed, and whether a final judgment in that activeness would have a res judicata or collateral estoppel upshot with regard to any common issue of the included actions.

(Subd (f) amended and relettered effective January i, 2005; adopted equally subd (due east).)

(m) Issuance of stay order and termination of stay

If a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included activeness that is stayed. Thirty or more days following issuance of the stay order, whatsoever party that is subject to the stay order may move to stop the stay.

(Subd (g) amended and relettered effective January 1, 2005; adopted as subd (b).)

(h) Effect of stay order

Unless otherwise specified in the club, a stay society suspends all proceedings in the action to which it applies. A stay social club may exist limited by its terms to specified proceedings, orders, motions, or other phases of the activity to which the order applies.

(Subd (h) amended and relettered effective Jan 1, 2005; adopted equally subd (c).)

(i) Effect of absence of stay order

In the absenteeism of a stay club, a court receiving an social club assigning a coordination motion judge may go on to exercise jurisdiction over the included action for purposes of all pretrial and discovery proceedings, simply no trial may be commenced and no judgment may be entered in that action unless trial of the action had commenced before the assignment of the coordination motility guess.

(Subd (i) amended and relettered effective January ane, 2005; adopted as subd (d); previously amended constructive July i, 1974.)

(j) Result of stay social club on dismissal for lack of prosecution

The time during which any stay of proceedings is in issue nether the rules in this chapter must not be included in determining whether the action stayed should be dismissed for lack of prosecution under chapter ane.v (§ 583.110 et seq.) of title viii of part 2 of the Code of Civil Procedure.

(Subd (j) amended and relettered effective Jan 1, 2005; adopted as subd (f); previously amended constructive January 1, 1986.)

Rule three.515 renumbered effective January one, 2007; adopted as rule 1514 constructive Jan 1, 1974; previously amended effective July 1, 1974, January i, 1986, and January 1, 2005.

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