Stay Orders

A stay order is not an appealable order. Lamb v. Dist. Court of the Fourth Judicial Dist. of Mont., 2010 MT 141, ¶ 11, 356 Mont. 534, 234 P.3d 893. See also Mont. R. App. P. 6(3) (listing appealable orders in civil cases).

A litigant may request review of a trial court’s decision to grant or deny a stay order under Mont. R. App. P. 22. Under Rule 22, the Montana Supreme Court reviews a trial court’s decision to grant or deny a stay of proceedings for an abuse of discretion.  City of Missoula v. Mountain Water Co., et al., No. DA 15-0375, Or. (Mont. Aug 18, 2015).

A litigant may also seek review of a trial court’s decision to grant or deny a stay order through a writ of supervisory control.  Lamb, ¶ 11.  When reviewing a trial court’s decision to grant or deny a stay order under a writ of supervisory control, our standard of review is for an abuse of discretion. Lamb, ¶ 14.  To the extent that the decision to grant or deny the stay order is based upon a conclusion of law, however, our review is plenary.  Lamb, ¶ 14.