STAY OF PROCEEDINGS IN ACCORDANCE WITH THE JORDANIAN CIVIL PROCEDURE LAW

Abstract

This study delves into the legal concept of suspension of proceedings stay of proceedings within civil procedural law, emphasizing its legal foundation, types, and implications on the litigation process. The paper explores the dual classification of suspension into voluntary and involuntary types. Voluntary suspension arises from mutual agreement between litigants, typically for purposes such as reconciliation or documentation gathering, and requires judicial approval. Involuntary suspension, on the other hand, occurs by operation of law, such as when a related matter is under appeal, or due to an incident like the death of a party, loss of legal capacity, or judicial mandate. The paper systematically presents the procedural effects of suspending a case, highlighting how such suspension freezes the progression of litigation without nullifying previous procedures. It stresses that during suspension, no judicial procedures may be undertaken, except those related to case preservation. Upon the cessation of suspension causes, the responsibility of reviving the proceedings falls upon the parties. Using a comparative legal approach, the research references Egyptian law alongside other Arab legal systems to illustrate practical applications and variances. The study concludes that understanding the suspension mechanism is essential for ensuring fair litigation and protecting the rights of litigants, as it ensures the proper administration of justice and preserves procedural integrity.