Home
Forms Library
EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS

EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS 2025

EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS Preview on Page 1

See details

4.1 out of 5

59 votes

The document is an Emergency Motion filed by the Defendant in a New Jersey state court, seeking to stay state court proceedings related to custody issues involving children wrongfully removed from Hong Kong. The motion cites the Hague Convention on International Child Abduction and the International Child Abduction Remedies Act, arguing that the state court should not decide on custody matters until a federal petition regarding the children's return is resolved. The Defendant requests a stay of proceedings pending this determination.

Here's how it works

01. Edit your form online

Type text, add images, blackout confidential details, add comments, highlights and more.

02. Sign it in a few clicks

Draw your signature, type it, upload its image, or use your mobile device as a signature pad.

03. Share your form with others

Send it via email, link, or fax. You can also download it, export it or print it out.

The best way to modify EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS online

Ease of Setup

DocHub User Ratings on G2

Ease of Use

DocHub User Ratings on G2

With DocHub, making changes to your documentation requires just a few simple clicks. Make these quick steps to modify the PDF EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS online free of charge:

Register and log in to your account. Log in to the editor with your credentials or click Create free account to evaluate the tool’s capabilities.
Add the EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS for editing. Click the New Document option above, then drag and drop the sample to the upload area, import it from the cloud, or via a link.
Change your template. Make any changes required: insert text and pictures to your EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS, underline details that matter, remove parts of content and substitute them with new ones, and add symbols, checkmarks, and fields for filling out.
Finish redacting the template. Save the updated document on your device, export it to the cloud, print it right from the editor, or share it with all the parties involved.

Our editor is super intuitive and efficient. Try it now!

be ready to get more

Complete this form in 5 minutes or less

Get form

Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What does motion to stay case mean?

A motion to stay is a legal request made by a party in a case asking the court to temporarily stop all or part of the legal process. This pause, or stay, can affect everything from the enforcement of judgments to ongoing litigation.

Are federal cases binding on state courts?

Federal courts must give valid state court judgments the same full faith and credit that another court in the state where the judgment was taken would afford the judgment (28 U.S.C. 1738).

Why would a judge deny a motion to stay?

Often judges deny motions because they have not been properly filed or because they do not state a recognizable claim. You may know what you want to say, but unless you say it correctly, the Court wont know how to address the issue.

What is an emergency motion to stay?

The only way that the order would not go into effect immediately is to file a post-trial motion called a Motion to Stay and for the judge to grant a stay, which prevents the original order from taking effect while the appeal is going on.

Can a federal court enforce a state court judgment?

The federal court must remand the case to state court if it appears at any time that the federal court lacks subject-matter jurisdiction. 28 U.S.C. 1447(c).

Can federal court overturn state court decisions?

General rule The Constitution provides a high-level foundation for the Supreme Courts jurisdiction over appeals directly from state courts, allowing for review of state decisions involving issues related to federal statutes, treaties, or constitutional law.

Can a federal court stay state court proceedings?

A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.

EMERGENCY MOTION TO STAY STATE COURT PROCEEDINGS 2025

Here's how it works