Motion for a Stay Pending Appeal

When the motion for a stay pending appeal is used

Timing: after the notice of appeal. Appeals follow a final judgment in most cases. The Federal Rules of Appellate Procedure govern this stage.

What the rule requires

• A party must ordinarily move first in the district court for a stay of the judgment or order pending appeal (FRAP 8(a)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. App. P. 8(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a stay pending appeal in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion for a stay pending appeal procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Stay: a court order pausing proceedings or the enforcement of a judgment.

Related procedures

Similarly, these procedures often come up alongside it:

• Notice of Appeal: the filing that starts an appeal from a federal district court to a court of appeals.
• Stay of Proceedings to Enforce a Judgment: pausing enforcement of a judgment, automatically for a short time or by court order with security.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.