A sample motion to stay proceedings in Florida follows a predictable structure: a caption, a numbered statement of the facts creating the need for a pause, a legal argument tied to the court’s inherent authority or a specific rule or statute, a meet-and-confer certification where local rules require one, and a prayer for relief that names exactly what should be halted and until when. The document has to satisfy Florida Rule of Civil Procedure 1.100, which requires every motion to be in writing, state its grounds with particularity, and set forth the specific relief requested.1The Florida Bar. Florida Rules of Civil Procedure – Rule 1.100
What Goes Into the Motion
A motion to stay is short by nature, but every section carries weight. Judges read them quickly, and a missing element is often the reason a stay is denied.
Caption
Every motion needs a caption containing the name of the court, the case number, the names of the parties (at minimum the first party on each side, with an indication of additional parties), and a title identifying the document and who is filing it.1The Florida Bar. Florida Rules of Civil Procedure – Rule 1.100 A typical title reads “Defendant’s Motion to Stay Proceedings” or “Plaintiff’s Motion to Stay Pending Arbitration.”
Introduction and Factual Background
Open with a sentence identifying who is filing and what relief is sought, then lay out the facts in numbered paragraphs. This is where you explain the specific circumstance justifying the stay: the parallel case and its docket number, the bankruptcy filing date and case number, the medical condition and its expected duration, or whatever the ground happens to be. Be concrete. Vague assertions about potential prejudice will not get the job done.
Legal Argument
Cite the authority that empowers the court to grant a stay. For a general discretionary stay, that authority is the court’s inherent power to manage its docket. For an appeal-related stay, cite Florida Rule of Appellate Procedure 9.310.2Rules for Florida Appellate Procedure. Rule 9.310 – Stay Pending Review For a bankruptcy stay, cite 11 U.S.C. § 362. Walk the court through the relevant factors and explain why each one favors granting the stay.
Meet-and-Confer Certification
Many Florida circuits require that before you notice a motion for hearing, you certify that you made a good-faith effort to resolve the issue with opposing counsel. The Ninth Judicial Circuit requires a written certification that a lawyer with full authority had a substantive conversation with the other side and could not reach agreement.3Ninth Judicial Circuit Court of Florida. Meet and Confer Certification The Seventeenth Judicial Circuit has a similar requirement.417th Judicial Circuit Court of Florida. Local Rule 10A – Uniform Motion Calendar Check your circuit’s local rules and administrative orders before filing.
Prayer for Relief
End the body of the motion with a “WHEREFORE” paragraph that spells out exactly what you want: an order staying all proceedings, or specific proceedings such as discovery, depositions, or a scheduled trial, until a defined triggering event occurs. That event might be the resolution of a parallel case or the issuance of an appellate mandate. Ambiguity about scope or duration invites a denial.
Signature Block and Certificate of Service
Florida’s rules of judicial administration require every filing by an attorney to include the attorney’s name, Florida Bar number, firm name, address, telephone number, and primary email address. Self-represented litigants include their name, address, and contact information. The motion also needs a certificate of service at the end confirming the date of service, the method used, and the email addresses of everyone served.
Sample Motion Framework
The outline below shows how a Florida motion to stay is typically organized. Adapt the substance to your specific grounds and facts.
IN THE CIRCUIT COURT OF THE [NUMBER] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA
CASE NO.: [Case Number]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
[PARTY]’S MOTION TO STAY PROCEEDINGS
[Party name], through undersigned counsel, respectfully moves this Court for an Order staying proceedings in this case, and states the following:
1. [Procedural background: when the case was filed, current posture, any relevant scheduling orders.]
2. [Factual basis for the stay: describe the specific event or circumstance that makes a pause necessary. For parallel litigation, identify the other case by name, court, and docket number. For an appeal, identify the ruling being challenged and the appellate case number.]
3. [Additional supporting facts, each in its own numbered paragraph.]
4. [Legal standard: cite the court’s inherent authority, Rule 9.310, or the applicable federal statute. Identify the factors the court considers and address each one.]
5. [Explain how the movant will be harmed if proceedings continue.]
6. [Explain why the stay will not prejudice the opposing party, or propose conditions that minimize any prejudice.]
7. [If applicable: confirm that counsel conferred with opposing counsel about the motion and state whether the opposing party consents, objects, or takes no position.]
WHEREFORE, [Party] respectfully requests that this Court enter an Order staying all proceedings in this matter until [specific triggering event], and for such other relief as the Court deems just.
Respectfully submitted,
[Attorney Name]
Florida Bar No. [Number]
[Firm Name]
[Address]
[Phone]
[Email]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on [date], a true copy of the foregoing was served via the Florida Courts E-Filing Portal on: [name and email of all counsel of record or unrepresented parties].
Grounds That Will Actually Support the Motion
Florida trial courts have broad inherent authority to manage their dockets, and that includes the power to stay proceedings when doing so serves judicial efficiency or prevents unfair results. The specific reason matters because it determines how much discretion the judge has and what standard applies.
The most frequently invoked grounds are:
- Parallel litigation. A related case pending in federal court, another state, or a different Florida circuit that will likely resolve issues central to your case. Judges prefer to avoid conflicting rulings, so a strong showing that the other case will effectively decide key questions in yours can be persuasive.
- Pending appeal. Florida Rule of Appellate Procedure 9.310 provides the framework for staying the case while the appeal is resolved, and the motion is filed in the lower tribunal, which retains continuing jurisdiction to grant, modify, or deny the stay. Money judgments qualify for an automatic stay when the appellant posts a qualifying bond, and public bodies and public officers acting in an official capacity get an automatic stay on filing a timely notice of appeal, without bond, except in criminal cases and administrative proceedings under Florida’s Administrative Procedure Act.2Rules for Florida Appellate Procedure. Rule 9.310 – Stay Pending Review
- Party unavailability. A serious medical condition that genuinely prevents participation can justify a pause. The medical situation needs to be documented and significant enough that proceeding without the party would be fundamentally unfair.
- Bankruptcy. The moment a party files a bankruptcy petition, 11 U.S.C. § 362 immediately halts most litigation against that party, including lawsuits to collect pre-bankruptcy debts and enforcement of prior judgments. No motion is required for the stay itself, but the non-debtor party typically files a suggestion of bankruptcy to put the stay on the record. Criminal proceedings, most family law matters, and government enforcement actions continue despite the stay.5Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay
- Active military service. A servicemember can obtain a mandatory stay of at least 90 days under 50 U.S.C. § 3932 by filing an application that includes a statement explaining how current military duties prevent appearance, along with an expected availability date, and a letter from the commanding officer confirming that duty prevents appearance and that leave is not authorized. The protections extend to servicemembers discharged within the past 90 days. Filing the application does not count as a general appearance and does not waive defenses, including personal jurisdiction challenges.6GovInfo. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice7United States Courts. Servicemembers Civil Relief Act (SCRA)
Courts do not grant a stay just because one side wants more time or finds litigation inconvenient. You need a concrete external event or circumstance that makes proceeding either legally impossible or genuinely prejudicial.
Filing and Serving the Motion
Florida requires attorneys to submit filings through the statewide e-Filing Portal.8Florida Supreme Court. About E-Filing Portal Self-represented litigants may file electronically through the same portal but are not required to do so.9Florida Courts. General Information for Self-Represented Litigants If you are representing yourself and choose to file on paper, check with your local clerk’s office for procedures.
File as soon as the need for a stay becomes clear. Delay works against you. Wait weeks after the triggering event and opposing counsel will argue that you slept on your rights, an argument judges tend to find persuasive.
Once filed, serve a copy on every other party. Florida Rule of Civil Procedure 1.080 directs that service must comply with Florida Rule of General Practice and Judicial Administration 2.516.10The Florida Bar. Florida Rules of Civil Procedure – Rule 1.080 Under Rule 2.516, service on attorneys is accomplished by email, and the e-Filing Portal’s automated notification satisfies this requirement if the portal delivers the document to the designated email addresses.11Florida Courts. Rule 2.516 – Service of Pleadings and Documents Attorneys must designate a primary email address for service and may designate up to two secondary addresses. Every document filed must include the primary email address.
A missing certificate of service can cause the clerk to reject the filing or give the opposing party grounds to argue improper notice.
How Judges Decide
For discretionary stays, the judge will typically schedule a hearing where both sides argue their positions. The decision rests in the trial court’s broad discretion, but that discretion has limits.
Florida courts evaluating a stay request generally look at several factors: how likely the movant is to succeed on the underlying issue driving the stay request, the degree of harm the movant faces if the case proceeds, whether the stay will cause real prejudice to the opposing party, and whether the stay serves or undermines the efficient administration of justice. For appeal-related stays, the likelihood of success on the merits of the appeal carries significant weight.
The strongest motions address each of these factors head-on rather than hoping the judge will connect the dots. Showing that continuing the case would waste time and money because a pending ruling elsewhere will resolve the central dispute is a combination of judicial economy and absence of prejudice that is hard to ignore.
If the motion is granted, the court issues a written order specifying exactly what is stayed, whether that is all proceedings, only discovery, or only the trial setting. The order defines how and when the stay ends. The trial court retains continuing jurisdiction and can modify or dissolve the stay if circumstances change.
If the Court Denies the Motion
A denial of a stay is generally not directly appealable as a final order. In some circumstances, you may be able to seek review through a petition for writ of certiorari filed in the appropriate district court of appeal. Certiorari requires showing a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy through a later appeal.12Rules for Florida Appellate Procedure. Rule 9.100 – Original Proceedings That is a high bar, and most routine stay denials will not meet it.
If certiorari is not available or practical, other options remain. You can file a renewed motion to stay if circumstances change materially, such as a new development in the parallel case or a worsening medical condition. You can also ask the appellate court itself for a stay under Rule 9.310(a) if the trial court has denied one, though the appellate court will want to know that you sought relief in the trial court first.
Whatever the outcome, keep complying with discovery deadlines, scheduling orders, and other obligations while the motion is pending. A pending motion to stay does not itself stay anything. Only a court order does. Missing deadlines while waiting for a ruling is one of the fastest ways to lose credibility with the judge and potentially face sanctions.