Stay or Injunction Pending Appeal

(a) Notice of Appeal; Trial Court’s Judgment or Order. A motion for a stay or injunction pending appeal must be accompanied by the following: (1) (2) (3) a copy of the filed notice of appeal or other document required to invoke this court’s jurisdiction; a copy of the trial court’s judgment or order on the merits; a copy of any order on the motion for a stay or injunction pending appeal; and (4) a certificate of interest under Federal Circuit Rule 47.4. (b) Notice When Requesting Immediate Action. A party moving for a stay or injunction pending appeal and requesting immediate action by the court must — before filing — notify all parties that a motion will be filed. (c) Statement. If an initial motion for a stay or injunction pending appeal was not made in the trial court under Federal Rule of Appellate Procedure 8(a)(1), the movant must include in its motion in this court a statement explaining why it was not practicable to do so. If an initial motion for a stay or injunction pending appeal was made in the trial court and remains pending, the movant must include in its motion in this court a statement specifically identifying when it filed the motion in the trial court and why it is not practicable to await a ruling by the trial court on that motion. Federal Circuit Rules of Practice (December 1, 2025) Page 24 (Return to Table of Contents) PRACTICE NOTES TO RULE 8 Format Requirements. See Federal Rule of Appellate Procedure 27 for format requirements concerning motions. Emergency Rule 8 Filings. Parties should notify the Clerk’s Office as soon as possible when filing (or in anticipation of filing) a Rule 8 motion. On weekdays from 8:30 a.m. to 4:30 p.m. (Eastern Time), please call the Clerk’s Office at 202- 275-8055. To notify the Clerk’s Office of emergency Rule 8 filings outside of normal operating hours that require action before the next email business [email protected]. Absent proper notification, the Clerk’s Office may not be able to act on an after-hours, emergency filing before the next business day. 202-275-8049 please day, and call Federal Circuit Rules of Practice (December 1, 2025) Page 25 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 9 Release in a Criminal Case [OMITTED] FEDERAL RULE OF APPELLATE PROCEDURE 10 The Record on Appeal (a) Composition of the Record on Appeal. The following items constitute the record on appeal: (1) (2) (3) the original papers and exhibits filed in the district court; the transcript of proceedings, if any; and a certified copy of the docket entries prepared by the district clerk. (b) The Transcript of Proceedings. (1) Appellant’s Duty to Order. Within 14 days after filing the notice of appeal or entry of an order disposing of the last timely remaining motion of a type specified in Rule 4(a)(4)(A), whichever is later, the appellant must do either of the following: (A) order from the reporter a transcript of such parts of the proceedings not already on file as the appellant considers necessary, subject to a local rule of the court of appeals and with the following qualifications: (i) (ii) the order must be in writing; if the cost of the transcript is to be paid by the United States under the Criminal Justice Act, the order must so state; and (iii) the appellant must, within the same period, file a copy of the order with the district clerk; or Federal Circuit Rules of Practice (December 1, 2025) Page 26 FEDERAL RULE OF APPELLATE PROCEDURE 10 (Return to Table of Contents) (B) file a certificate stating that no transcript will be ordered.* (2) Unsupported Finding or Conclusion. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant must include in the record a transcript of all evidence relevant to that finding or conclusion. (3) Partial Transcript. Unless the entire transcript is ordered: (A) (B) (C) the appellant must — within the 14 days provided in Rule 10(b)(1) — file a statement of the issues that the appellant intends to present on the appeal and must serve on the appellee a copy of both the order or certificate and the statement; if the appellee considers it necessary to have a transcript of other parts of the proceedings, the appellee must, within 14 days after the service of the order or certificate and the statement of the issues, file and serve on the appellant a designation of additional parts to be ordered; and unless within 14 days after service of that designation the appellant has ordered all such parts, and has so notified the appellee, the appellee may within the following 14 days either order the parts or move in the district court for an order requiring the appellant to do so.† (4) Payment. *The appellant will not be able to file the certificate until this court dockets the appeal. The appellant must file the certificate as soon as possible once the appeal is docketed if the 14-day period has already expired. †The court’s Docketing Statement (Form 26) satisfies the statement of the issues requirement of Fed. R. App. P. 10(b)(3)(A). See Fed. Cir. R. 47.6. However, the appellant will not be able to file the docketing statement until this court dockets the appeal. In order to ensure adequate time to prepare the transcript and to comply with this rule, the appellant must serve the intended statement of the issues or Docketing Statement on the appellee within the 14-day period provided in this rule. Federal Circuit Rules of Practice (December 1, 2025) Page 27 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 10 At the time of ordering, a party must make satisfactory arrangements with the reporter for paying the cost of the transcript. (c) Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable. If the transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant’s recollection. The statement must be served on the appellee, who may serve objections or proposed amendments within 14 days after being served. The statement and any objections or proposed amendments must then be submitted to the district court for settlement and approval. As settled and approved, the statement must be included by the district clerk in the record on appeal. (d) Agreed Statement as the Record on Appeal. In place of the record on appeal as defined in Rule 10(a), the parties may prepare, sign, and submit to the district court a statement of the case showing how the issues presented by the appeal arose and were decided in the district court. The statement must set forth only those facts averred and proved or sought to be proved that are essential to the court’s resolution of the issues. If the statement is truthful, it — together with any additions that the district court may consider necessary to a full presentation of the issues on appeal — must be approved by the district court and must then be certified to the court of appeals as the record on appeal. The district clerk must then send it to the circuit clerk within the time provided by Rule 11. A copy of the agreed statement may be filed in place of the appendix required by Rule 30.* (e) Correction or Modification of the Record. (1) If any difference arises about whether the record truly discloses what occurred in the district court, the difference must be submitted to and settled by that court and the record conformed accordingly. *Filing an agreed statement will not waive this court’s appendix requirement. See Fed. Cir. R. 10(b). Federal Circuit Rules of Practice (December 1, 2025) Page 28 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 10 (2) If anything material to either party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded: (A) (B) on stipulation of the parties; by the district court before or after the record has been forwarded; or (C) by the court of appeals. (3) All other questions as to the form and content of the record must be presented to the court of appeals.