Rule 8 Bond and Stay or Injunction Pending Appeal in Civil Case; Release Pending Appeal in Criminal Case.

(a) Bond or Other Security in Civil Case. The Superior Court may require an appellant in a civil case to file a bond or provide other security in such form and amount as it finds necessary to ensure payment of costs on appeal, including attorney’s fees, pursuant to the applicable Rules of the Superior Court. In the event the Superior Court chooses to require a cost bond, the Clerk of the Superior Court shall immediately notify the Clerk of the Supreme Court that a bond requirement has been set and when the bond has been paid.

(b) Requests for a Stay of Judgment or Order of Superior Court in Civil Case. Requests for a stay of the judgment or order of the Superior Court pending appeal, for approval of a supersedeas bond, or for an order suspending, modifying, restoring, or granting an injunction during the pendency of an appeal in a civil case must ordinarily be made in the first instance to the Superior Court. When a matter is before the Superior Court, its rules respecting time periods, practices, and procedures apply. A motion for such relief may be made to the Supreme Court, but the motion shall show that application to the Superior Court for the relief sought is not practicable, or that the Superior Court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the Superior Court for its action. The motion shall also show the reasons for the relief requested and the facts relied upon, and, if the facts are subject to dispute, the motion shall be supported by affidavits, other sworn statements or copies thereof, and documentation demonstrating ownership, liens or other encumbrances, and availability of resources offered as security. With the motion shall be filed such parts of the record as are relevant. An original and three copies of the motion and any accompanying documents shall be filed with the Supreme Court. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the Clerk of the Supreme Court and normally will be considered by a three Justice panel, but in exceptional cases where such procedure would be impracticable due to the requirements of time, the application will be decided by the Chief Justice of the Supreme Court.

(c) Conditioning Stay upon Giving of Bond in Civil Case. Relief available in the Supreme Court under this Rule may be conditioned upon the filing of a bond or other appropriate security in the Superior Court. If security is given 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 Clerk of the Superior Court as the surety's agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served. A surety's liability may be enforced on motion in the Superior Court without the necessity of an independent action. The motion and such notice of the motion as the Superior Court prescribes may be served on the Clerk of the Superior Court who shall forthwith mail copies to the sureties if their addresses are known.