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I am seeking a stay of an order during the judicial process…

Customer Question
I am seeking a...

I am seeking a stay of an order during the judicial process what form form or knowledge should I know or include of suit.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kansas

Lawyer's Assistant: Has anything been filed or reported?

No but athe KCC But KCC suspended my license to operate oil wells.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that it may take a long time in a court action and I want to continue to work in the mean time.

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/27/2017
Lawyer: Dwayne B., Attorney replied 10 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 10 months ago

Do you have a lawyer working on the lawsuit for you?

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Customer reply replied 10 months ago
No... pro se
Customer reply replied 10 months ago
What form do I use? Just the same as all legal action in Kansas? What should I include in body of filing?
Lawyer: Dwayne B., Attorney replied 10 months ago

You would usually use an injunction (a stay is just a type of injunction). However, they are very hard to do because the procedure is complicated and there are no forms that really work, you have to draft everything from scratch. A stay is done by filing a Motion for Stay but you have to have a legal reason that requires a stay be issued.

We are very limited in what we can tell you about how to file. I can't tell you what language to use or what to put in the "body of the filing" because the website doesn't allow it. The reason for that is we can't do the interviews and review the evidence in sufficient detail to offer that kind of information.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

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Lawyer: Dwayne B., Attorney replied 10 months ago

If you're absolutely determined to do it yourself then you can find examples of forms, although they won't have much on them, by going to the law library at the courthouse and looking in the form books or by going to the clerk of courts and asking them to search their database and get a copy of one that was filed by an attorney in another case and then using that as an example.

I am a firm believer in people being able to represent themselves but there are certain areas they shouldn't do so unless there is absolutely no other choice. This is one area, as is criminal defense, real estate, and trusts.

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