(a) Motion for stay Any party may file a motion for an order under Code of Civil Procedure section 404.5 staying the proceedings in any action being considered for, or affecting an action being considered for, coordination, or the court may stay the proceedings on its own motion. The motion for a stay may be included with a petition for coordination or may be served and submitted to the Chair of the Judicial Council and the coordination motion judge by any party at any time prior to the determination of the petition. (Subd (a) amended effective January 1, 2005.)
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
In one sentenceRule 3.515 governs stay motions in a coordination proceeding: who may request a stay under Code of Civil Procedure section 404.5, what the motion must contain and how it is served, the timeline for opposition, the factors the assigned judge weighs, and the effect of a stay, or its absence, on the stayed action and on dismissal for lack of prosecution.
Full Text of Rule 3.515
(b) Contents of motion A motion for a stay order must:
(1) List all known pending related cases;
(2) State whether the stay order should extend to any such related case; and
(3) Be supported by a memorandum and by declarations establishing the facts relied on to show that a stay order is necessary and appropriate to effectuate the purposes of coordination. (Subd (b) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(c) Service requirements for certain motions for stay orders If the action to be stayed is not included in the petition for coordination or any response to that petition, the motion for a stay order and all supporting documents must be served on each party to the action to be stayed and any such party may serve and submit opposition to the motion for a stay order. (Subd (c) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(d) Opposition to motion for stay order Any memorandums and declarations in opposition to a motion for a stay order must be served and submitted within 10 days after service of the motion. (Subd (d) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(e) Hearing on motion for stay order A stay order may be issued with or without a hearing. A party filing a motion for a stay order or opposition thereto may request a hearing to determine whether the stay order should be granted. A request for hearing should be made at the time the requesting party files the motion or opposition. If the coordination motion judge grants the request for a hearing, the requesting party must provide notice. (Subd (e) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(f) Determination of motion for stay order In ruling on a motion for a stay order, the assigned judge must determine whether the stay will 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 have a res judicata or collateral estoppel effect with regard to any common issue of the included actions. (Subd (f) amended and relettered effective January 1, 2005; adopted as subd (e).)
(g) Issuance of stay order and termination of stay If a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included action that is stayed. Thirty or more days following issuance of the stay order, any party that is subject to the stay order may move to terminate the stay. (Subd (g) amended and relettered effective January 1, 2005; adopted as subd (b).)
(h) Effect of stay order Unless otherwise specified in the order, a stay order suspends all proceedings in the action to which it applies. A stay order may be limited by its terms to specified proceedings, orders, motions, or other phases of the action to which the order applies. (Subd (h) amended and relettered effective January 1, 2005; adopted as subd (c).)
(i) Effect of absence of stay order In the absence of a stay order, a court receiving an order assigning a coordination motion judge may continue to exercise jurisdiction over the included action for purposes of all pretrial and discovery proceedings, but no trial may be commenced and no judgment may be entered in that action unless trial of the action had commenced before the assignment of the coordination motion judge. (Subd (i) amended and relettered effective January 1, 2005; adopted as subd (d); previously amended effective July 1, 1974.)
(j) Effect of stay order on dismissal for lack of prosecution The time during which any stay of proceedings is in effect under the rules in this chapter must not be included in determining whether the action stayed should be dismissed for lack of prosecution under chapter 1.5 (§ 583.110 et seq.) of title 8 of part 2 of the Code of Civil Procedure. (Subd (j) amended and relettered effective January 1, 2005; adopted as subd (f); previously amended effective January 1, 1986.)
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.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: stay order complex coordination californiacal rule of court 3.515 motion for stayccp 404.5 stay pending coordinationlack of prosecution dismissal stay coordination