LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Special Circumstances – Categories Not Closed

“Special circumstances” justifying stay of execution is open-ended concept. “Very wide” means: encompasses diverse situations, not limited to specific categories, and adaptable to varying circumstances. “Category is not closed” means: new circumstances can qualify, courts aren’t confined to precedent categories, and flexibility exists for unanticipated situations. This serves: accommodating novel situations, preventing rigid categorization limiting courts’ discretion, and ensuring justice in unique cases. While certain circumstances are established (see Principles 515-516): risk of destruction, impossibility of restoration, judgment debtor’s insolvency—others may emerge based on case specifics. Courts assess: does circumstance justify depriving victorious party of immediate execution? does it protect legitimate interests? would execution cause irremediable harm? The openness permits: case-by-case evaluation, consideration of unique factors, and evolution of stay jurisprudence. However, “special” still means: unusual circumstances beyond ordinary appeals, not routine in litigation, and justifying exceptional relief. This flexibility prevents stay law from becoming inflexible checklist while maintaining “special” as meaningful threshold—circumstances must genuinely warrant extraordinary relief of staying execution.