Rule 8 Stay or Injunction Pending Appeal

(a) Motion.

(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 during the pendency of an appeal when a stay is not automatic under V.R.C.P. 62(d)(1), V.R.Cr.P. 38, or V.R.F.P. 12; or

(B) an order suspending, modifying, restoring, or granting an injunction during the pendency of an appeal.

(2) Motions in the Supreme Court.

(A) A motion made to the Supreme Court or a single justice must show that:

(i) filing a motion in the superior court would be impractical; or

(ii) a motion was filed in the superior court and the superior court denied the motion or failed to afford the relief requested.

(B) The motion must also include:

(i) the reasons stated by the superior court for its action;

(ii) the reasons for granting the relief requested, and the facts relied on;

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

(iv) relevant parts of the record.

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

(D) The motion must be filed with the Supreme Court clerk. The motion normally will be considered by the full 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.

(b) Stay May Be Conditioned Upon Giving of Bond; Proceeding Against a Surety.

(1) The Supreme Court may condition relief on a party’s filing a bond or other appropriate security in the superior court.

(2) If, upon granting relief either in the superior court or the Supreme Court, 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 superior court’s jurisdiction 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) Stays in Juvenile Proceedings.

(1) A court may stay any juvenile case disposition order in whole or in part, in accordance with Rule 8(a).

(2) Pending appeal, the superior court retains jurisdiction to modify or vacate its order under 33 V.S.A. § 5113 and to enforce its order under the provisions of 33 V.S.A. §§ 5107, 5115-5119, 5202, 5205, 5292, and 5322.

(3) The Supreme Court will dispose of appeals in juvenile cases expeditiously, and priority must be given to the preparation of transcripts in those cases.