You see it many times in the movies or legal dramas on TV, the protagonist who is a legal expert manages to get a stay of execution at the 11th hour to save his or her client. This buys him some time to gather more evidence against the bad guys. Getting a stay order is very important before a crucial edict is executed. Let us learn a little more in depth about this legal term.
The stay of execution definition states that it is an order whereby a judgment is precluded from being executed for a specific period of time.
What Is It
When a court passes a stay of execution, it temporarily halts or suspends the existing court pronouncement related to the particular case. It is often associated to a death penalty, which is not always the case. It generally means that the implementation of any court order is stayed.
Usually, when someone commits anything legally wrong, civil or criminal, the matter is taken to the court. After hearing both parties, a decision is reached and the judge announces the verdict, called a sentence or order. When the party appeals a decision, the court order is issued, and the decree is stayed till the appeal is resolved.
There are certain judgments where it is automatically granted, including capital punishment. In such scenarios, the order is reviewed, and if found to be legal and correct, it is executed. In case of a criminal case, where a woman is sentenced to death, and is found to be enceinte, a stay of execution lasts till she delivers her child.
The court rulings are not carried out once the stay is requested. This means, if one needs to pay the damages, or is sentenced to rigorous imprisonment, the sentence will not be carried out till it is resolved. Thus, lawyers immediately appeal against the legal proclamation for their clients, with the intention of delaying the execution of the order providing them with more time.