Rule 8 — Stay or Injunction Pending Appeal

Fed. R. App. P. 8

• Source: Federal Rules of Appellate Procedure
• Rule: 8
• TITLE II: APPEAL FROM A JUDGMENT OR ORDER OF A
• Citation: Fed. R. App. P. 8

Text

(a) Motion for Stay.
(1) Initial Motion in the District Court. A party must ordi-
narily 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 ob-
tain a stay of judgment; or
(C) an order suspending, modifying, restoring, or grant-
ing 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 dis-
trict court denied the motion or failed to afford the re-
lief requested and state any reasons given by the dis-
trict 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 secu-
rity 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 liabil-
ity on the security may be served. On motion, a security provid-
er’s liability may be enforced in the district court without the ne-
cessity 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.

Advisory Committee Notes

(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.)