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Procedural

Motion to Stay Pending Appeal

Asks to pause enforcement or trial-court proceedings while an appeal is pending.

Governing rule
Fed. R. App. P. 8
Read the rule

What it is

A request to pause enforcement or proceedings while an appeal is pending. The movant asks the trial court or appellate court to preserve the status quo until the appeal is resolved.

When it's used

Filed after judgment, injunction, agency order, or another appealable order when immediate enforcement would cause harm before appellate review can occur.

What the other side does

The opponent argues the movant is unlikely to succeed, will not suffer irreparable harm, the stay would injure others, or the public interest favors immediate enforcement.

Common outcomes

The court may grant a full stay, grant a partial stay, require a bond, expedite appeal, or deny the stay. Emergency timing is common.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.