Rule 3.515.Motions and orders for a stay
Division 4. Parties and Actions · Chapter 7. Coordination of Complex Actions · Article 2. Procedural Rules Applicable to All Complex Coordination Proceedings · Last amended 2007 · Last verified July 29, 2026
Full Text of Rule 3.515
Plain-English Summary
Any party may move for a stay under Code of Civil Procedure section 404.5 of proceedings in an action being considered for, or affected by, coordination, and the court may also stay proceedings on its own motion. That motion can be folded into a coordination petition or filed separately with the Chair of the Judicial Council and the coordination motion judge at any point before the petition is decided. It must list every known pending related case, state whether the requested stay should reach those cases too, and be supported by a memorandum and declarations showing why a stay is necessary and appropriate to carry out the purposes of coordination. If the action to be stayed was not already part of the coordination petition or a response to it, the moving party must serve the motion and supporting documents directly on each party to that action, who may then oppose it.
Opposition papers are due within ten days after service of the motion. A stay order can issue with or without a hearing, though either side may request one, typically when it files the motion or the opposition. In deciding whether to grant a stay, the assigned judge weighs whether the stay would promote the ends of justice, considering the imminence of any trial or other proceeding that might materially affect the status of the action to be stayed, and whether a final judgment in that action would carry res judicata or collateral estoppel weight on issues common to the included actions. Once a stay order issues, the party that requested it must serve and file a copy in every included action the order covers, and thirty or more days later, any party subject to the order may move to terminate it.
A stay order, unless it says otherwise, suspends every proceeding in the action it covers, though it can also be narrowed to specified phases, motions, or orders. Where no stay order is in effect, the court where an included action is pending may continue handling pretrial and discovery matters, but no trial may begin and no judgment may be entered unless trial had already commenced before the coordination motion judge was assigned. And any time a stay is in effect under this chapter is excluded when determining whether the stayed action should be dismissed for lack of prosecution under Code of Civil Procedure section 583.110 and the sections that follow it.
Frequently Asked Questions
Who can ask for a stay in a coordination proceeding?
Any party, or the court on its own motion, under Code of Civil Procedure section 404.5; the request can be part of a coordination petition or filed separately at any time before the petition is decided.
How soon must an opposition to a stay motion be filed?
Within ten days after service of the motion.
Does a stay order automatically halt everything in the affected action?
Yes, unless the order says otherwise; a stay order can also be limited to specified phases, motions, or orders.
What happens to an included action if no stay order is issued?
The court may continue pretrial and discovery proceedings, but no trial may begin and no judgment may be entered unless trial had already commenced before the coordination motion judge was assigned.
Does time spent under a stay count against the deadline for dismissal for lack of prosecution?
No. Time during which a stay is in effect is excluded when determining whether the stayed action should be dismissed for lack of prosecution under Code of Civil Procedure section 583.110 and the sections following it.
Amendment History
Rule 3.515 renumbered effective January 1, 2007; adopted as rule 1514 effective January 1, 1974; previously amended effective July 1, 1974, January 1, 1986, and January 1, 2005.