(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
(B) approval of a supersedeas bond; 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
(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 appropriate security in the district court.
If a party gives security in the form of a bond or stipulation
or other undertaking with one or more sureties, each surety
submits to the jurisdiction of the district court and
irrevocably appoints the district clerk as the surety’s agent
on whom any papers affecting the surety’s liability on the
bond or undertaking may be served. On motion, a surety’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 mail a copy to each surety
whose address is known.
Rule 38 of the Federal Rules of Criminal Procedure governs a
stay in a criminal case.