10th Cir. R. 8

8.1 Required showing.

A motion for a stay or an injunction pending appeal must include a

clear statement of the specific relief requested. No motion for a stay or

an injunction pending appeal will be considered unless the applicant

addresses all of the following:

(A) the basis for the district court’s or agency’s subject matter

jurisdiction and the basis for the court of appeals’ jurisdiction,

including citation to statutes and a statement of facts establishing

jurisdiction;

(B) the likelihood of success on appeal;

(C) the threat of irreparable harm if the stay or injunction is not

granted;

(D) the absence of harm to opposing parties if the stay or injunction

is granted; and

(E) any risk of harm to the public interest.

8.2 Emergency or ex parte motions.

(A) Emergency relief. Any motion that requests a ruling within five

days after filing must be plainly marked “EMERGENCY” and

accompanied by a certificate stating:

(1) the reason the motion was not filed earlier;

(2) the date the underlying order was entered;

(3) the time and date the order becomes effective;

(4) the telephone numbers and email addresses for all

counsel of record and, where available, unrepresented

parties; and

(5) in immigration cases seeking a stay of removal or other

emergency relief, the petitioner must attach to the motion a

copy of the transcript from the Immigration Judge’s ruling,

if relevant, plus copies of the written rulings of the

Immigration Judge and Board of Immigration Appeals.

(B) Ex parte relief. Any motion that requests the court to act ex

parte must include a certificate stating the reason it was not

possible to provide notice to the other parties.

(C) Notice to Clerk. If a motion for emergency relief is

contemplated, the movant must notify the Clerk in advance at the

earliest practical time so that arrangements can be made for

timely submission to the court.

8.3 Applications made to a single judge.

(A) Emergency. Application to a single judge for a stay of a

judgment or order pending appeal is disfavored.

(B) Contents. An application made to a single judge must

demonstrate:

(1) that notice of the application—including when, where, and

to which judge the application was made and the reason

for submission to a single judge—was furnished to other

parties; or

(2) what efforts were made to furnish notice to other parties

and to contact the Office of the Clerk, or else the reasons

why notice to the parties and/or to the Clerk was not

required and/or possible.