When a motion to stay is denied

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noquitter

New Member
Virginia.

Q: If a Motion To Stay Proceedings in a civil trial (based on parallel proceedings where defendant could be compromising 5th amendment rights while criminal action is contemplated) is denied by the Circuit Court- is an emergency appeal in order? Procedurally how does that work?

It would seem this is a case where continuing on with the civil trial would compromise me in the criminal trial if i answered the civil discovery.

Civil fraud alleged, big numbers, no discovery yet, my answer is due in ten days. I am going to move for a Stay, but if it is denied- i'm trying to figure out if everything else is due.

Other motions I'm writing; if anyone wants to chime in- I'd appreciate it. And I know I am over my head pro se, no other options.

These are all valid motions. Do I present them all on the same day I move for a stay? Can I string them out, one every two weeks? Is there time between Motions for research?

Motion for change of venue- pretrial publicity.
Motion to strike scandalous matter
Motion for a gag order (receiver and plaintiffs attorney grandstanding on tv-print etc "this man stole from the poor")
Motion for a separate trial for me, they want me tried with the company which i have no control over.
Motion to add defendants
Cross-claim against receiver of my company (failure of fiduciary)
Cross-claim against my company (for fees and failing to provide defense)
Cross-claim against added defendants for theft of business secrets, fiduciary failure
 
File everything.

Let us know how it turns out.
 
update

Won my first pretrial motion, then plaintiff moved to force me to answer complaint in 21 days, knowing i already have 2 more motions in the pipleline. i adv judge much more pre-trial work to do. he adv file em all in 21 days and we'll sort them out. based on earlier post this seem common procedure? one of my motions is for venue- a pre answer motion. will this have to be heard first or am i getting outplayed? ie "you answered complaint so now you lose?" i plan for motion for more definitive statement, complaint is bare on fraud charges. can i file motions after complaint or am i locked in?

i then lost my motion to stay- i asked for leave to interloc appeal- judge denied- how to i get to second base now to appellate court without hall pass from judge? am i naive to think i can just write a compelling brief?

"It's always too soon to quit." Norment Vincent Peale

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