Oftentimes, when a personal injury claim arises out of an underlying accident that involves criminal conduct by a tortfeasor defendant, there will be a criminal case proceeding against the defendant while the plaintiff is also simultaneously pursuing her or his civil lawsuit. This could arise, for example, where a motor vehicle accident emerges out of a DUI, where a student is injured in a hazing incident at a fraternity, or when a person is injured in an assault and battery.

In such cases, a defendant faced with criminal charges while the civil lawsuit is ongoing will usually file a motion with the civil court requesting that the civil case be stayed pending the resolution of the criminal case.