US · rules

Fed. Cir. R. 8

Stay or Injunction Pending Appeal

activein force · 2025-12-01 – presentact-effective-date

(a) Notice of Appeal; Trial Court’s Judgment or Order.

A motion for a stay or injunction pending appeal must be accompanied by

the following:

(1) a copy of the filed notice of appeal or other document required to

invoke this court’s jurisdiction;

(2) a copy of the trial court’s judgment or order on the merits;

(3) a copy of any order on the motion for a stay or injunction pending

appeal; and

(4) a certificate of interest under Federal Circuit Rule 47.4.

(b) Notice When Requesting Immediate Action.

A party moving for a stay or injunction pending appeal and requesting

immediate action by the court must — before filing — notify all parties

that a motion will be filed.

If an initial motion for a stay or injunction pending appeal was not made

in the trial court under Federal Rule of Appellate Procedure 8(a)(1), the

movant must include in its motion in this court a statement explaining

why it was not practicable to do so. If an initial motion for a stay or

injunction pending appeal was made in the trial court and remains

pending, the movant must include in its motion in this court a statement

specifically identifying when it filed the motion in the trial court and why

it is not practicable to await a ruling by the trial court on that motion.

(Return to Table of Contents)

History

PRACTICE NOTES TO RULE 8 Format Requirements. See Federal Rule of Appellate Procedure 27 for format requirements concerning motions. Emergency Rule 8 Filings. Parties should notify the Clerk’s Office as soon as possible when filing (or in anticipation of filing) a Rule 8 motion. On weekdays from 8:30 a.m. to 4:30 p.m. (Eastern Time), please call the Clerk’s Office at 202- 275-8055. To notify the Clerk’s Office of emergency Rule 8 filings outside of normal operating hours that require action before the next business day, please call 202- 275-8049 and email emergencyfilings@cafc.uscourts.gov. Absent proper notification, the Clerk’s Office may not be able to act on an after -hours, emergency filing before the next business day. (Return to Table of Contents)

Provenance

Source: uscourts.gov
Retrieved: 2026-09-18
Edition: 2026-09-18
Content hash: bdfd46e72c88df05cb3ecdc70d44c2dfc1a4143e7644c372e965b680cda1a2cc

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