17-531: Third Amendment may refer to the: 2004 Arkansas Amendment 3 , constitutional ban on same-sex marriage, civil unions and civil union equivalents in the Arkansas Constitution 2024 Missouri Amendment 3 , a proposed amendment to the Missouri constitution to legalize abortion before fetal viability 2024 Florida Amendment 3 . a proposed amendment to
34-427: A case can be stayed if a certification for annulment exists or an individual voluntary arrangement is being negotiated. When the parties agree to terms of settlement while litigation is on foot, they may file a Tomlin order to stay the proceedings. Once approved by the court, the proceedings are permanently stayed pending an application by one of the parties to enforce the terms of the settlement agreement. When
51-595: A device to postpone proceedings indefinitely. In civil procedure, stays of proceedings are governed by the Civil Procedure Rules . In criminal trials, they are governed by the Prosecution of Offences Act 1985 . Court have the power to stay: UK courts also maintain an inherent jurisdiction to manage legal proceedings before them, but it is rarely exercised. Stays of proceedings are usually made under case management powers, and may be ordered upon
68-505: A stay of proceedings is lifted, the proceedings continue. Allowances are made for interference of the stay with any case management directions (which specify dates which the parties must take steps in the action), so that parties are not time prejudiced by the making or interference caused by the stay. In R v. Crawley and others [2014] EWCA Crim 1028 a stay was given. As part of the Conservative government's fiscal austerity policy ,
85-400: Is a stub . You can help Misplaced Pages by expanding it . Stay of proceedings A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as
102-531: Is different from Wikidata All article disambiguation pages All disambiguation pages 2004 Arkansas Amendment 3 Constitutional Amendment 3 of 2004, is an amendment to the Arkansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions . The referendum was approved by 75% of the voters. The text of the amendment states: Marriage. Marriage consists only of
119-596: The Constitution Bill 1968 , a failed amendment of the Constitution of Ireland concerning apportionment Third Amendment of the Constitution of South Africa , which allowed the creation of municipalities that crossed provincial boundaries Australian referendum, 1928 (State Debts) , the third amendment to the Constitution of Australia Utah Constitutional Amendment 3 , constitutional ban on same-sex marriage, civil unions and civil union equivalents in
136-499: The Constitution of India , 1954 amendment relating to state and centre (federal) rights Third Amendment of the Constitution of Ireland , permitted the state to join the European Communities and provided that European law would take precedence over the constitution Third Amendment of the Constitution Bill 1958 , a failed amendment of the Constitution of Ireland concerning the electoral system Third Amendment of
153-605: The Florida constitution to legalize possession, purchase, and recreational use of cannabis for adults 21 years or older. Third Amendment to the United States Constitution , part of the Bill of Rights, preventing the U.S. government from quartering soldiers in a civilian's home during peacetime without the consent of the civilian, nor in time of war, but in a manner to be prescribed by law Third Amendment of
170-687: The Ministry of Justice decided to cut the fees paid to barristers for Very High Cost Cases (VHCC) by 30% in November 2013. Due to the amount of papers involved this case was classed as a VHCC by the Legal Aid Authority (LAA) who pay the defendant's costs, as free representation ( legal aid , is required under the European Convention on Human Rights ). Barristers in protest of the cuts refused the instructions to act on behalf of
187-550: The Utah Constitution Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Third Amendment . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Third_Amendment&oldid=1249991818 " Category : Disambiguation pages Hidden categories: Short description
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#1732766184239204-402: The application by one of the parties or by the court's own motion (the latter being infrequent). A court may issue a stay in a winding-up upon the creation of an application for rescission , an order being made against a false or mistaken institution, the petition debt being paid in full, the pertaining institution ceasing to exist, or the prior existence of a winding-up order. In bankruptcy,
221-467: The case and excessive delay would contradict a further requirement of the ECHR (Article 6(1)), which requires the timely handling of the prosecution. Stays of execution have a similar effect in respect of execution of judgments. No step may be taken to enforce a judgment while a stay of execution remains in force. According to the legal code , a stay of proceedings can be issued in a case "brought in any of
238-494: The courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration" when the ruling on the case is pending, can be stayed "until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration". "The standard for stay determinations ostensibly includes four factors: (1)
255-485: The defendants at the reduced fees and so no suitably qualified barristers could be found to represent the defendants. As the defendants would not be able to have a fair trial without suitable representation, which br in breach of their right to a fair trial under Article 6 of the European Convention on Human Rights , the case could not proceed and was stayed. An adjournment was found to be unlikely to resolve
272-401: The likelihood of success on appeal; (2) the likelihood of irreparable harm pending appeal; (3) the balance of the hardships; and (4) the public interest." For example, in the 2010s, as federal and state judges struck down same-sex marriage bans across the country, many judges stayed the rulings during the appeals process. Although a state's ban was struck down, such as that of Louisiana ,
289-478: The union of one man and one woman. On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza ruled the ban on same-sex marriage in the state of Arkansas was unconstitutional, which legalized same-sex marriage in the state. Previously same-sex marriage was banned by both state statute and the state constitution in Arkansas. Subject to court stays and appeals . This Arkansas elections -related article
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