L.A.R. Misc. 111.4: Motion for Stay of Execution of a Federal or State Court Judgment and Motions to Vacate Orders Granting a Stay

(a) Except as provided in 28 U.S.C. § 2262, motions for stay of execution and motions to vacate stay orders may be filed in docketed requests for certificate of appealability, applications to file a second or successive petition, or appeals from the denial of injunctive relief. No such motion may be entertained unless a case has been docketed in this court. If a stay application is submitted to this court before a district court decision is entered, the clerk must transmit the motion to the panel designated to hear and dispose of the case.

(b) Documents Required. The movant must file the original and three (3) copies of a motion and serve all parties. Legible copies of the documents listed in 1-10 below must be attached to the motion. If time does not permit, the motion may be filed without attachments, but the movant must file the necessary copies as soon as possible.

(1) The complaint or petition to the district court;

(2) Each brief or memorandum of authorities filed by both parties in the district court;

(3) The opinion giving the reasons advanced by the district court for granting or denying relief;

(4) The district court judgment granting or denying relief;

(5) The application to the district court for a stay;

(6) The district court order granting or denying a stay, and the statement of reasons for its action;

(7) The certificate of appealability or, if there is none, the order denying a certificate of appealability;

(8) A copy of each state or federal court opinion or judgment in cases in which appellant was a party involving any issue presented to this court or, if the ruling was not made in a written opinion or judgment, a copy of the relevant portions of the transcripts;

(9) A copy of the docket entries of the district court; and

(10) Notice of appeal.

(c) Emergency Motions. Emergency motions or applications, whether addressed to the court or to an individual judge, must ordinarily be filed with the clerk rather than an individual circuit judge. If time does not permit the filing of a motion or application in person, by mail, or electronically, counsel may communicate with the clerk or a single judge of this court and thereafter must file the motion with the clerk in writing as promptly as possible. The motion, application, or oral communication must contain a brief account of the prior actions of this court or judge to which the motion or application, or a substantially similar or related petition for relief, has been submitted.

Prior Court Rule 29.3 has no counterpart in FRAP and is therefore classified as Miscellaneous. Except where necessary to reflect the expansion of this rule to reach federal prisoners, no substantive change from prior Court Rule 29.3 is intended.