Fed. R. App. P. 8

(a) Motion for Stay.

(1) Initial Motion in the District Court. A party must ordinarily move first in the district court for the following relief:

(A) a stay of the judgment or order of a district court

pending appeal;

(B) approval of a bond or other security provided to obtain a stay of judgment; or

(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.

(2) Motion in the Court of Appeals; Conditions on Relief. A

motion for the relief mentioned in Rule 8(a)(1) may be made

to the court of appeals or to one of its judges.

(A) The motion must:

(i) show that moving first in the district court would

be impracticable; or

(ii) state that, a motion having been made, the district court denied the motion or failed to afford the relief requested and state any reasons given by the district court for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and

the facts relied on;

(ii) originals or copies of affidavits or other sworn

statements supporting facts subject to dispute; and

12 Rule 9 FEDERAL RULES OF APPELLATE PROCEDURE

(iii) relevant parts of the record.

(C) The moving party must give reasonable notice of the

motion to all parties.

(D) A motion under this Rule 8(a)(2) must be filed with

the circuit clerk and normally will be considered by a

panel of the 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 judge.

(E) The court may condition relief on a party’s filing a

bond or other security in the district court.

(b) Proceeding Against a Security Provider. If a party gives security with one or more security providers, each provider submits to

the jurisdiction of the district court and irrevocably appoints the

district clerk as its agent on whom any papers affecting its liability on the security may be served. On motion, a security provider’s liability may be enforced in the district court without the necessity of an independent action. The motion and any notice that

the district court prescribes may be served on the district clerk,

who must promptly send a copy to each security provider whose

address is known.

(c) Stay in a Criminal Case. Rule 38 of the Federal Rules of

Criminal Procedure governs a stay in a criminal case.

(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 27, 1995, eff. Dec.

1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2018, eff. Dec. 1, 2018.)