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Fill out the "Ex Parte Motion to Stay Execution of Writ of Possession". Step 3 Complete the following pleadings in blue or black ink: • Ex Parte Motion for Stay of Execution; Declaration of Defendants; Order (Pleading form).Ask the clerk to file your papers and present them to the judge. If you want to fight a default and stop an eviction, you must file a Motion for Stay of the. Writ of Restitution. Order Staying Mandate. 67.3. Time to Issue Mandate Extended. If the judgment be such that each defendant is, indepen dently of the others, entitled to a stay, each must sue out his separate writ. The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Motions to stay issuance of Writs of Restitution.