A petitioner must ordinarily move first before the agency
for a stay pending review of its decision or order.
A motion for a stay may be made to the court of appeals or
one of its judges.
(A) The motion must:
(i) show that moving first before the agency would be
(ii) state that, a motion having been made, the agency
denied the motion or failed to afford the relief
requested and state any reasons given by the agency for
(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
(iii) relevant parts of the record.
(C) The moving party must give reasonable notice of the
motion to all parties.
(D) The motion 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.