Rule 23. Stays
- 1. A stay may be granted by a Justice as permitted by law.
- 2. A party to a judgment sought to be reviewed may present to a Justice
an application to stay the enforcement of that judgment. See 28
U. S. C. §2101(f).
- 3. An application for a stay shall set out with particularity why the relief
sought is not available from any other court or judge. Except in the most
extraordinary circumstances, an application for a stay will not be entertained
unless the relief requested was first sought in the appropriate court or
courts below or from a judge or judges thereof. An application for a stay
shall identify the judgment sought to be reviewed and have appended thereto
a copy of the order and opinion, if any, and a copy of the order, if any,
of the court or judge below denying the relief sought, and shall set out
specific reasons why a stay is justified. The form and content of an application
for a stay are governed by Rules 22 and 33.2 .
- 4. A judge, court, or Justice granting an application for a stay pending
review by this Court may condition the stay on the filing of a supersedeas
bond having an approved surety or sureties. The bond will be conditioned
on the satisfaction of the judgment in full, together with any costs, interest,
and damages for delay that may be awarded. If a part of the judgment sought
to be reviewed has already been satisfied, or is otherwise secured, the bond
may be conditioned on the satisfaction of the part of the judgment not otherwise
secured or satisfied, together with costs, interest, and damages.