Stay or Injunction Pending Appeal

U.S Code last checked for updates: Nov 27, 2024

Rule 8.

(a)

Motion for Stay.

(1)

Initial Motion in the District Court. A party must ordinarily move first in the district court for the following relief:

(A)

a stay of the judgment or order of a district court pending appeal;

(B)

approval of a bond or other security provided to obtain a stay of judgment; or

(C)

an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.

(2)

Motion in the Court of Appeals; Conditions on Relief. A motion for the relief mentioned in Rule 8(a)(1) may be made to the court of appeals or to one of its judges.

(A)

The motion must:

(i)

show that moving first in the district court would be impracticable; or

(ii)

state that, a motion having been made, the district court denied the motion or failed to afford the relief requested and state any reasons given by the district court for its action.

(B)

The motion must also include:

(i)

the reasons for granting the relief requested and the facts relied on;

(ii)

originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and

(iii)

relevant parts of the record.

(C)

The moving party must give reasonable notice of the motion to all parties.

(D)

A motion under this Rule 8(a)(2) must be filed with the circuit clerk and normally will be considered by a panel of the court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge.

(E)

The court may condition relief on a party’s filing a bond or other security in the district court.

(b)

Proceeding Against a Security Provider.

If a party gives security with one or more security providers, each provider submits to the jurisdiction of the district court and irrevocably appoints the district clerk as its agent on whom any papers affecting its liability on the security may be served. On motion, a security provider’s liability may be enforced in the district court without the necessity of an independent action. The motion and any notice that the district court prescribes may be served on the district clerk, who must promptly send a copy to each security provider whose address is known.

(c)

Stay in a Criminal Case.

Rule 38 of the Federal Rules of Criminal Procedure governs a stay in a criminal case.

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2018, eff. Dec. 1, 2018.)