A petitioner seeking to stay the agency order being appealed for the pendency of the appeal must first ask the agency to stay its decision pending the appeal. The motion may be made directly in the Court of Appeals if the movant demonstrates that moving first in the agency would be impracticable or that the agency denied the motion or otherwise failed to afford the relief requested. The movant must state the reasons the agency gave for its action, if any. In addition, the motion must include the reasons for granting the relief requested, the facts upon which movant relies, affidavits supporting the facts subject to dispute, and relevant parts of the record. See FRAP 18.

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Last modified at 12/21/2009