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Glossary

Administrative stay

Supreme Court glossaryAll terms

Definition

An administrative stay is a short pause of a lower court's order that gives the Court time to consider an emergency application. It is not a ruling on the application.

Why it matters

Even a short pause matters: until it ends, the lower court's order cannot take effect.

In practice

When time is short, the justice who first receives the application can enter one soon after it is filed. It usually lasts until that justice or the full Court rules on the application.

Treat an administrative stay as a timeout, not a hint about the outcome, and watch for the order that follows.

Common confusion

An administrative stay is not a stay pending appeal. It only holds things in place until the Court decides whether to grant the stay that was asked for.

Examples

Related terms