Rule 18 — Stay Pending Review

Fed. R. App. P. 18

• Source: Federal Rules of Appellate Procedure
• Rule: 18
• TITLE IV: REVIEW OR ENFORCEMENT OF AN ORDER OF AN
• Citation: Fed. R. App. P. 18

Text

(a) Motion for a Stay.
(1) Initial Motion Before the Agency. A petitioner must ordi-
narily move first before the agency for a stay pending review
of its decision or order.
(2) Motion in the Court of Appeals. A motion for a stay may
be made to the court of appeals or one of its judges.
(A) The motion must:
(i) show that moving first before the agency would be
impracticable; or
(ii) state that, a motion having been made, the agen-
cy denied the motion or failed to afford the relief re-
quested and state any reasons given by the agency 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) The motion 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.
(b) Bond. The court may condition relief on the filing of a bond
or other appropriate security.

Advisory Committee Notes

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)