Rule 8. Stay or Injunction Pending Appeal
(a) Motion for Stay.
(1) Initial Motion in the District Court. A party must ordinarily move first in the district court for the following relief:
(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:
(B) The motion must also include:
(ii) originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and
(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.
(b) Proceeding Against a Surety. 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.
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