US · rules
D.S.C. Local Civ. Rule 62.02
Stay Must Ordinarily Be Sought in the First Instance in Trial Court; Motion for Stay in Appellate Court
In a civil action, application for a stay of the judgment or order of a
trial court pending appeal or for approval of a bond or other security, or for an order suspending,
modifying, restoring, or granting an injunction during the pendency of an appeal, must ordinarily
be made in the first instance in the trial court. A motion for such relief may be made to the
appellate court in which the appeal is pending, but the motion shall show that application to the
trial court for the relief sought is not practicable or that the trial court has denied an application
or has failed to afford the relief that the applicant requested, with the reasons given by the trial
court for its action. The motion shall also show the reasons for the relief requested and the facts
relied upon. If the facts are subject to dispute, the motion shall be supported by affidavits or
other sworn statements or copies thereof.
Provenance
- Source
- www.scd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
324bf72e9d117fd4b17da1b15f29194fdb6c6a18719d2a2226459c13e77996d1
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