§ 90.057.Stay of Proceedings

The stay itself, with a mandatory grant and two mandatory refusals.

The court shall grant a motion to stay if it determines the motion was timely filed and the claimant is likely to receive compensation from a trust identified by the motion. The stay continues until the claimant provides proof that the claim was made and the notice and material served.

Two findings, and the second is substantive. "Likely to receive compensation" requires more than the existence of a trust — the court must assess whether this claimant would be paid, which is what the supporting information in the motion is for.

The stay is self-terminating. It ends when the claimant complies, so its length is within the claimant's control.

Subsection (b) bars a stay in two situations, as to each trust claim identified in the motion: where the court determines the claimant satisfied the disclosure requirements, or where the court makes the economic determination under the trust claim obligation or the response section.

So a claimant who has already complied, or who has been excused because the claim would cost more than it pays, cannot be stayed on that trust.

The two subsections work as a pair — mandatory grant where the claimant should have claimed and has not, mandatory refusal where they have or need not.