2A:53A-52 Court, order, stay.

375 words·~2 min read·/nj/title-2a/chapter-53a/2a-53a-52

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

4. Stay.

a. Except as otherwise provided in subsections d. through g., upon the filing of an application for an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) the court may order:

(1)all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, to be stayed;

(2)on motion by the moving party, the court may stay an action or proceeding involving another party, or discovery by another party, if the hearing or ruling in that proceeding would adjudicate, or the discovery would relate to, an issue material to an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51); and

(3)In determining whether to stay any proceedings, there shall be a presumption that such a stay shall be granted.

b. A stay under subsection a. remains in effect until lifted by the court.

c. Except as otherwise provided in subsections e., f. and g., if a party appeals from an order ruling on an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), all proceedings between all parties in the action may be stayed by the court until the conclusion of the appeal.

d. During a stay under subsection a., the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under subsection a. of section 7 of P.L.2023, c.155 (C.2A:53A-55) and the information is not reasonably available unless discovery is allowed.

e. A motion under section 10 of P.L.2023, c.155 (C.2A:53A-58) for costs, attorney's fees, and expenses is not subject to a stay under this section.

f. A stay under this section does not affect a party's ability voluntarily to dismiss a cause of action or party of a cause of action or move to sever a cause of action.

g. If the court issues a stay under this section, the court for good cause may hear and rule on:

(1)a motion unrelated to an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51); and

(2)a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

L.2023, c.155, s.4.