Rule 8 Stay or Injunction Pending Appeal

(a) Stay Must Ordinarily Be Sought in the First Instance in Trial Court; Motion for Stay in Appellate Division. Application for a stay of the judgment or order of the trial division, land titles division, or district court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying , restoring or granting an injunction during the pendency of an appeal must ordinarily be made in the first instance in the trial court. A motion for such relief may be made to the appellate division or to a judge thereof, but the motion shall show that application to the trial court for the relief sough is not practicable, or that the application has been denied, or has failed to afford the relief which the applicant requested, with the reasons given by the trial court for its action. The motion shall also the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the clerk and may be made to and considered by a single justice of the appellate division.

(b) Stay May Be Conditioned Upon Giving of Bond; Proceedings Against Sureties. Relief available under this rule may be conditioned upon the filing of a bond or other appropriate security. If security is given in the form of a bond or stipulation or other undertaking with one o more sureties, each surety submits himself to the jurisdiction of the trial court and irrevocably appoints the clerk of court as his agent upon whom any papers affecting his liability on the Bond or undertaking maybe served liability may be enforced on motion in the trial court without the necessity of an independent action. The motion and such notice of the motion as the trial court prescribes may be served on the clerk of court, who shall forthwith mail copies to the sureties if their addresses are known.

(c) Stays in Criminal Cases. Stays in criminal cases shall be had in accordance with the provisions of 38 T.C.R.CR.P.