Ind. Appellate Rule 39

Effective January 1, 2011

A. Effect of Appeal.

An appeal does not stay the effect or enforceability of a judgment or order of a trial court or

Administrative Agency unless the trial court, Administrative Agency or Court on Appeal otherwise orders.

B. Motion in Trial Court or Administrative Agency.

Except as provided in (C)(2)(b), a motion for stay pending appeal may not be filed in the Court

on Appeal unless a motion for stay was filed and denied by the trial court or by the Administrative Agency if it has authority to grant a stay. If the Administrative Agency does not have

such authority, application for stay may be made directly to the Court on Appeal.

C. Motion in Court on Appeal.

A motion for a stay pending appeal in the Court on Appeal shall contain certified or verified

copies of the following:

(1) the judgment or order to be stayed;

(2) the order denying the motion for stay or a verified showing that (a) the trial court or

Administrative Agency has failed to rule on the motion within a reasonable time in light of

the circumstances and relief requested; or (b) extraordinary circumstances exist which

excuse the filing of a motion to stay in the trial court or Administrative Agency altogether;

(3) other parts of the Clerk's Record or Transcript that are relevant;

(4) an attorney certificate evidencing the date, time, place and method of service made

upon all other parties; and

(5) an attorney certificate setting forth in detail why all other parties should not be heard

prior to the granting of said stay.

D. Emergency Stays.

If an emergency stay without notice is requested, the moving party shall submit:

(1) an affidavit setting forth specific facts clearly establishing that immediate and irreparable

injury, loss, or damage will result to the moving party before all other parties can be heard in

opposition;

(2) a certificate from the attorney for the moving party setting forth in detail the efforts, if any,

which have been made to give notice to the other parties and the reasons supporting his

claim that notice should not be required; and

(3) a proposed order setting forth the remedy being requested.

E. Bond.

If a stay is granted, the Court on Appeal may fix bond in accordance with Rule 18.

F. Length of Stay.

Unless otherwise ordered, a stay shall remain in effect until the appeal is disposed of in the

Court on Appeal. Any party may move for relief from the stay at any time.