Rule 8 Stay or Injunction Pending Appeal

(a) Motion for Stay.

(1) Initial Motion in the Superior Court. A party must ordinarily move first in the Superior Court for the following relief:

(A) A stay of the judgment or order of the Superior Court pending appeal;

(B) Approval of a bond or other security provided to obtain a stay of judgment; or

(C) An order suspending, modifying, restoring, or granting an injunction while an appeal is pending.

(2) Motion in this Court; Conditions on Relief. A motion for relief mentioned in Rule 8(a)(1) may be made to this Court.

(A) The motion must:

(i) Show that moving first in the Superior Court would be impracticable; or

(ii) State that, a motion having been made, the Superior Court denied the motion or failed to afford the relief requested and state any reasons given by the Superior Court for its action.

(B) The motion must also include:

(i) The reasons for granting the relief requested and the facts relied on;

(ii) Originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and

(iii) Relevant parts of the record.

(C) The moving party must give reasonable notice of the motion to all parties.

(D) A motion under Rule 8(a)(2) must be filed with the Clerk and normally will be considered by a full panel of the Court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single justice.

(E) The Court may condition relief on a party’s filing a bond or other appropriate security in the Superior Court.

(b) Proceeding Against a Surety. If a party gives security in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the Superior Court and irrevocably appoints the Superior Court clerk as the surety’s agent on whom any papers affecting the surety’s liability on the bond or undertaking may be served. On motion, a surety’s liability may be enforced in the Superior Court without the necessity of an independent action. The motion and any notice that the Superior Court prescribes may be served on the Superior Court clerk, who must promptly mail a copy to each surety whose address is known.

(c) Stay in a Criminal Case. Rule 38 of the NMI Rules of Criminal Procedure governs a stay in a criminal case.