To file a motion to stay, you submit a written request to the court handling your case asking it to pause all or part of the proceedings, serve the motion on every other party, and be ready to show the judge that your request meets the legal standard — typically a four-factor test — or falls under a statute that entitles you to a pause. The mechanics are straightforward; the persuasion is where most motions succeed or fail.
What the Court Needs to See
Most federal courts evaluate discretionary stay requests using the four factors the Supreme Court set out in Nken v. Holder: whether you’ve made a strong showing that you’re likely to succeed on the merits, whether you’ll suffer irreparable harm without a stay, whether granting the stay would substantially injure the other parties, and where the public interest lies.1Legal Information Institute. Nken v. Holder, 556 U.S. 418 (2009)
No single factor decides the outcome, and courts weigh them on a sliding scale. A very strong showing of irreparable harm can sometimes offset a weaker showing on likelihood of success. In practice, though, the first two factors carry the most weight. If you can’t articulate a concrete, non-speculative harm that a stay would prevent, or if your underlying position looks unlikely to succeed, the motion will almost certainly fail.
Irreparable harm means damage that money can’t adequately fix after the fact. Losing a family home to foreclosure, being deported, or having a trade secret disclosed are the kinds of harms courts take seriously. Financial losses that a later judgment could reimburse generally don’t qualify.
Some stays skip the four-factor analysis because a statute controls. Filing a bankruptcy petition triggers an automatic stay that halts most collection efforts, lawsuits, and foreclosures against the debtor with no motion required.2Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay If your dispute is covered by a valid arbitration clause, the Federal Arbitration Act says the court “shall” stay the lawsuit while arbitration proceeds — the judge has no discretion to refuse, provided you haven’t defaulted on the arbitration process.3Office of the Law Revision Counsel. 9 U.S. Code 3 – Stay of Proceedings Where Issue Therein Referable to Arbitration Active-duty servicemembers whose military duties materially affect their ability to appear can apply for a stay of at least 90 days at any point before final judgment; the application must include a letter explaining how duties prevent appearance and a statement from the commanding officer confirming that military leave isn’t authorized.4Office of the Law Revision Counsel. 50 U.S. Code 3932 – Stay of Proceedings When Servicemember Has Notice If you’re relying on one of these statutory routes, lead with it and explain why the statute applies to your situation.
One quirk if you’re seeking a stay pending appeal: enforcement of a federal judgment is automatically stayed for 30 days after entry.5Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment After that, you generally have to ask the trial court for a stay before going to the appellate court. The court of appeals will only take up the request if you can show that asking the trial court first would be impractical or that the trial court already denied you.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 8 – Stay or Injunction Pending Appeal
Drafting the Motion
Your motion needs a caption with the court name, case number, and party names, a clear title identifying it as a “Motion to Stay,” and a concise introduction stating exactly what you’re asking the court to pause and why. Format specifics — font, margins, page limits, line spacing — vary by court, so check the local rules before drafting. Judges reject filings that don’t comply.
The statement of facts should lay out the case background and the specific circumstances driving the request. This isn’t the place to rehash every detail of the litigation. Focus on facts that connect directly to the standard you’re invoking: what’s happening procedurally, what harm you face if the case moves forward, and why a pause serves everyone’s interests.
The legal argument is where the motion is won or lost. Address each factor explicitly, and be honest about the ones that cut against you. Judges respect candor and will notice if you ignore a weak point. Apply the relevant statute or case law to your facts rather than reciting the law in the abstract.
Attach supporting evidence: declarations from people with firsthand knowledge, relevant contracts or correspondence, and any orders from related proceedings. End with a prayer for relief that states specifically what you want the court to do — pause all proceedings, delay enforcement of a particular order, stay discovery only, or something else.
Filing and Serving the Motion
Submit the motion to the clerk’s office of the court where the case is pending. Most federal courts and many state courts require electronic filing through a system like CM/ECF, though some still accept paper filings in person or by mail. A filing fee may apply; the amount varies, so confirm with the clerk beforehand.
After filing, serve a copy on every other party. In federal court, service of motions filed after the initial complaint is governed by Rule 5, which allows you to serve papers by delivering them to opposing counsel, mailing them, or filing electronically through the court’s system, which sends automatic notification to registered users.7Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers Unlike service of the original complaint, which requires a non-party to deliver the papers, you can handle service of a motion yourself.8Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons If everyone is registered for electronic filing, service usually happens automatically the moment you file. File a certificate of service confirming how and when the other parties were served.
Bond or Other Security
Courts frequently condition a stay on posting a bond or other security to protect the opposing party from losses caused by the delay. This is especially common when staying enforcement of a money judgment. Under the federal rules, a party can obtain a stay after judgment by providing a bond the court approves, typically covering the full judgment plus estimated interest and costs during the appeal period.5Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment Appellate courts can also condition a stay on filing a bond in the district court.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 8 – Stay or Injunction Pending Appeal One exception: when the federal government appeals, the court cannot require a bond.
Bonds are expensive. On a $500,000 judgment, you may need to secure a bond covering that full amount plus projected interest, and surety companies charge a premium of roughly 2% to 5% of the bond amount to issue it. If the full amount would be financially impossible, you can ask the court to accept alternative security or a reduced bond, though courts vary in how receptive they are.
Timing, Hearings, and Outcomes
Once the motion is filed and served, the other side gets a chance to respond. In federal court, written motions generally must be served at least 14 days before the hearing, which effectively gives the opposing party that window to prepare and file an opposition.9Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers Local rules may set different timelines, and courts can shorten or extend deadlines for good cause.
The court may decide on the papers alone or schedule oral argument. At a hearing, expect pointed questions about the harm you’ll suffer without a stay and the strength of your position on the merits. Come with concrete answers rather than generalities.
The judge can grant the stay outright, grant it with conditions such as a bond, grant a partial stay that pauses some aspects of the case but not others, or deny it. Rulings sometimes come from the bench, sometimes in a written order issued later.
Emergency Filings
If enforcement will cause irreparable harm before the other side can even respond, you may need an emergency stay. An emergency motion should clearly explain why the normal briefing schedule is inadequate and what will happen without immediate relief. Most courts require you to notify the opposing party before filing, even when asking for a ruling before a full response arrives. In appellate courts, the typical practice involves calling the clerk’s office and opposing counsel to advise them of the emergency filing before submitting it. The motion itself should be labeled “Emergency Motion” and include a cover letter explaining the urgency and the date by which a ruling is needed.
True ex parte relief, where the court acts with no notice at all, is rare for stays. Courts are far more willing to grant an expedited briefing schedule, giving the other side 48 hours to respond, than to issue a stay without any notice.
If the Motion Is Denied
A denial isn’t necessarily the end. If the trial court denied your request, you can move for a stay in the appellate court, but you’ll need to explain what the trial court decided and why it was wrong.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 8 – Stay or Injunction Pending Appeal The appellate court applies the same factors but may give the arguments a fresh look, particularly if the trial court applied the wrong legal standard or misjudged the balance of harms.
You can also ask the trial court to reconsider, especially if circumstances have changed. Reconsideration works best when you have new evidence or can identify a legal error in the court’s analysis. Simply disagreeing with the outcome won’t get you anywhere.
If you’re trying to stay enforcement of a money judgment, you can often obtain a stay as a matter of right by posting a supersedeas bond, regardless of the four-factor analysis. The bond guarantees payment if the appeal fails, which eliminates the opposing party’s risk and removes the court’s main reason for denying the stay.5Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment It costs money upfront, but it’s the most reliable way to prevent collection while an appeal proceeds.