Federal Circuit Rule 8: Stay or Injunction Pending Appeal
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Notice of Appeal; Trial Court’s Judgment or Order.
A motion for a stay or injunction pending appeal must be accompanied by the following:
(1) a copy of the filed notice of appeal or other document required to invoke this court’s jurisdiction;
(2) a copy of the trial court’s judgment or order on the merits;
(3) a copy of any order on the motion for a stay or injunction pending appeal; and
(4) a certificate of interest under Federal Circuit Rule 47.4.
(b) Notice When Requesting Immediate Action.
A party moving for a stay or injunction pending appeal and requesting immediate action by the court must — before filing — notify all parties that a motion will be filed.
(c) Statement.
If an initial motion for a stay or injunction pending appeal was not made in the trial court under Federal Rule of Appellate Procedure 8(a)(1), the movant must include in its motion in this court a statement explaining why it was not practicable to do so. If an initial motion for a stay or injunction pending appeal was made in the trial court and remains pending, the movant must include in its motion in this court a statement specifically identifying when it filed the motion in the trial court and why it is not practicable to await a ruling by the trial court on that motion.
Notes
Practice Notes to Rule 8
Format Requirements.
See Federal Rule of Appellate Procedure 27 for format requirements concerning motions.
Emergency Rule 8 Filings.
Parties should notify the Clerk’s Office as soon as possible when filing (or in anticipation of filing) a Rule 8 motion. On weekdays from 8:30 a.m. to 4:30 p.m. (Eastern Time), please call the Clerk’s Office at 202- 275-8055. To notify the Clerk’s Office of emergency Rule 8 filings outside of normal operating hours that require action before the next business day, please call 202-275-8049 and email [email protected]. Absent proper notification, the Clerk’s Office may not be able to act on an after-hours, emergency filing before the next business day.