Stay

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 39 UNIFORM PUBLIC EXPRESSION PROTECTION ACT 6-3904. stay. (1) Except as otherwise provided in subsections (4) through (7) of this section, upon the filing of a motion pursuant to section 6-3903 , Idaho Code: (a)  All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (b)  Upon motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion pursuant to section 6-3903 , Idaho Code. (2)  A stay pursuant to subsection (1) of this section remains in effect until entry of an order ruling on the motion pursuant to section 6-3903 , Idaho Code, and expiration of the time for the moving party to appeal the order pursuant to section 6-3909 , Idaho Code, and applicable court rule. (3)  Except as otherwise provided in subsections (5), (6), and (7) of this section, if a party appeals an order ruling on a motion pursuant to section 6-3903 , Idaho Code, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal. (4)  During a stay pursuant to subsection (1) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to section 6-3907 (1), Idaho Code, and the information is not reasonably available unless discovery is allowed. (5)  A motion pursuant to section 6-3910 , Idaho Code, for costs, attorney’s fees, and expenses is not subject to a stay pursuant to this section. (6)  A stay pursuant to the provisions of this section does not affect a party’s ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action. (7)  During a stay pursuant to the provisions of this section, the court for good cause may hear and rule on: (a)  A motion unrelated to the motion pursuant to section 6-3903 , Idaho Code; and (b)  A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.