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: (A) a stay of the judgment or order of a district court pending appeal. (B) approval of a supersedeas bond. (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending. (2) Motion in the Supreme Court; Conditions on Relief. A motion for the relief mentioned in paragraph (a) (1) may be made to the supreme court or to one of its justices. (A) The motion must: (i) show that moving first in the district court would be impracticable; or (ii) state that, a motion having been made, the district court denied the motion or failed to afford the relief requested and state any reasons given by the district court for its action. (B) The motion must also include: (i) the reasons for granting the relief requested and the facts relied on. (ii) originals or copies of declaration or other sworn statements supporting facts subject to dispute. (iii) relevant parts of the record. (C) The moving party must give reasonable notice of the motion to all parties. (D) A motion under paragraph (a) (2) must be filed with the clerk of the supreme court and normally will be considered by 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 justice. (E) The court may condition relief on a party's filing a bond or other appropriate security in the district court. (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 clerk of district court as the surety's agent on whom any documents 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 the district court prescribes may be filed with the clerk of district court, who must promptly mail or send by third-party commercial carrier a copy to each surety whose address is known. (c) Stay in a Criminal Case. Rule 38(a) of the North Dakota Rules of Criminal Procedure governs a stay in a criminal case.