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| FRAP
18 Stay Pending Review |
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| (a) |
Motion for a Stay. |
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(1) |
Initial Motion Before an Agency. A petitioner
must ordinarily move first before the agency for a stay pending review of its decision or
order. |
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(2) |
Motion in the Court of Appeals. A motion for
a stay may be made to the court of appeals or one of its judges. |
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(A) |
The motion must: |
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(i) |
show that moving first before the agency would be impracticable;
or |
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(ii) |
state that, a motion having been made, the agency denied the
motion or failed to afford the relief requested and state any reason given by the agency
for its action. |
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(B) |
The motion must also include: |
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(i) |
the reasons for granting the relief requested and the facts
relied on; |
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(ii) |
originals or copies of affidavits or other sworn statements
supporting facts subject to dispute; and |
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(iii) |
relevant parts of the record. |
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(C) |
The moving party must give reasonable notice of the
motion to all parties. |
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(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. |
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| (b) |
Bond. The court may condition relief on the
filing of a bond or other appropriate security. |
