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D.C. Cir. R. 8

Stay and Emergency Relief Pending Appeal from a Judgment or Order of the District Court

activein force · 2025-12-04 – presentact-effective-date

(a) Criteria; Service.

(1) A motion for a stay of a judgment or of an order of the district court or any other motion

seeking emergency relief must state whether such relief was previously requested from the district

court and the ruling on that request. The motion must state the reasons for granting the stay or other

emergency relief sought and discuss, with specificity, each of the following factors: (i) the likelihood

that the moving party will prevail on the merits; (ii) the prospect of irreparable injury to the moving

party if relief is withheld; (iii) the possibility of harm to other parties if relief is granted; and (iv) the

public interest.

(2) Except in extraordinary circumstances, for any motion that is not filed electronically and for

any party who has not consented to electronic service, the motion must be served by hand or, in the

case of a party located outside the greater Washington metropolitan area, by other form of expedited

service. The movant must attempt to notify the opposing side by telephone in advance of the filing of

the motion and describe in the motion the efforts made to so notify the opposing side.

(3) There must be attached to each copy of the motion a copy of the judgment or order involved,

and of any pertinent decision, memorandum, opinion, or findings issued by the district court. If the

district court's reasons were given orally, the pertinent extract from the reporter's transcript must be

attached, if available.

(4) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a

disclosure statement, as described in FRAP 26.1 and Circuit Rule 26.1, must be attached as an

addendum to the motion, and any required disclosure statement must also be attached to any response

to the motion, unless such documents have been filed previously with the court.

(b) Dispositive Motion Combined with Motion for Stay or Opposition Thereto. A party filing or

opposing a motion for a stay or other emergency relief may, in addition or in the alternative, file a

motion to dispose of the appeal in its entirety. A response to a motion for a stay or other emergency

relief that is combined with a dispositive motion, the combined reply and response thereto, and the

reply in support of the dispositive motion are governed by Circuit Rule 27(c).

See also Circuit Rule 18 (Stay Pending Review of an Agency Order), Circuit Rule 25 (Filing and

Service), and Circuit Rule 27 (Motions).

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
c6304e5fccf15bde100770677ad6a575eb519e1d52636c455ad2c8e0c038c1e1
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