Court of appeals · Motions
Motion for Stay Pending Appeal
Seeks a stay of the judgment or an injunction pending appeal.
Filed by: Any party
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Showing that moving first in the district court would be impracticable, or that the district court denied relief (FRAP 8(a)(2)(A))
- Reasons for relief and relevant facts, with affidavits (FRAP 8(a)(2)(B))
- Relevant parts of the record
- Proof of service (FRAP 25(d))
Governing rules
- FRAP 8
Check the local rules for
- Emergency-motion procedures
Applies in federal courts of appeals. Find your court for its local requirements.
Other motions
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