stay of execution

A stay is a court order that temporarily suspends or delays the enforcement of a judgment, order, or sentence. See: Federal Rules of Civil Procedure 62 and 28 U.S.C. § 2251. A stay may apply in various circumstances, such as stopping the sale of property during bankruptcy proceedings or delaying the carrying out of a death sentence. A stay of execution is most often used in reference to a stay in criminal cases involving capital punishment, and may also be referred to as a stay pending appeal. The circumstances in which a stay may be granted vary by jurisdiction and subject matter, but a stay is often sought while an appeal or other legal proceeding is pending, or when circumstances require additional judicial review. 

[Last reviewed in September of 2026 by the Wex Definitions Team]

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