Local Rule 62.02: Stay Must Ordinarily Be Sought in the First Instance in Trial Court; Motion for Stay in Appellate Court
D.S.C. — Civil rule
62.02: Stay Must Ordinarily Be Sought in the First Instance in Trial Court; Motion for Stay in Appellate Court. In a civil action, application for a stay of the judgment or order of a trial court pending appeal or for approval of a bond or other security, 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 court in which the appeal is pending, but the motion shall show that application to the trial court for the relief sought is not practicable or that the trial court has denied an application or has failed to afford the relief that the applicant requested, with the reasons given by the trial court for its action. The motion shall also show the reasons for the relief requested and the facts relied upon. If the facts are subject to dispute, the motion shall be supported by affidavits or other sworn statements or copies thereof.