Circuit Rule 8: Stay and Emergency Relief Pending Appeal from a Judgment or Order of the District Court

(a) Criteria; Service.

(1) A motion for a stay of a judgment or of an order of the district court or any other motion seeking emergency relief must state whether such relief was previously requested from the district court and the ruling on that request. The motion must state the reasons for granting the stay or other emergency relief sought and discuss, with specificity, each of the following factors: (i) the likelihood that the moving party will prevail on the merits; (ii) the prospect of irreparable injury to the moving party if relief is withheld; (iii) the possibility of harm to other parties if relief is granted; and (iv) the public interest.

(2) Except in extraordinary circumstances, for any motion that is not filed electronically and for any party who has not consented to electronic service, the motion must be served by hand or, in the case of a party located outside the greater Washington metropolitan area, by other form of expedited service. The movant must attempt to notify the opposing side by telephone in advance of the filing of the motion and describe in the motion the efforts made to so notify the opposing side.

(3) There must be attached to each copy of the motion a copy of the judgment or order involved, and of any pertinent decision, memorandum, opinion, or findings issued by the district court. If the district court's reasons were given orally, the pertinent extract from the reporter's transcript must be attached, if available.

(4) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a disclosure statement, as described in FRAP 26.1 and Circuit Rule 26.1, must be attached as an addendum to the motion, and any required disclosure statement must also be attached to any response to the motion, unless such documents have been filed previously with the court.

(b) Dispositive Motion Combined with Motion for Stay or Opposition Thereto. A party filing or opposing a motion for a stay or other emergency relief may, in addition or in the alternative, file a motion to dispose of the appeal in its entirety. A response to a motion for a stay or other emergency relief that is combined with a dispositive motion, the combined reply and response thereto, and the reply in support of the dispositive motion are governed by Circuit Rule 27(c).

See also Circuit Rule 18 (Stay Pending Review of an Agency Order), Circuit Rule 25 (Filing and Service), and Circuit Rule 27 (Motions).