Stay and Emergency Relief Pending Review of an Agency Order

(a) Criteria; Service. (1) A motion for a stay of an order of an agency or any other motion seeking emergency relief must state whether such relief was previously requested from the agency and the ruling on that request. The motion must state the reasons for granting the stay or other emergency relief sought and discuss, with specificity, each of the following factors: (i) the likelihood that the moving party will Rule 18 prevail on the merits; (ii) the prospect of irreparable injury to the moving party if relief is withheld; (iii) the possibility of harm to other parties if relief is granted; and (iv) the public interest. (2) Except in extraordinary circumstances, for any motion that is not filed electronically and for any party who has not consented to electronic service, the motion must be served by hand or, in the case of a party located outside the greater Washington metropolitan area, by other form of expedited service.

The movant must attempt to notify the opposing side by telephone in advance of the filing of the motion and describe in the motion the efforts made to so notify the opposing side. (3) There must be attached to each copy of the motion a copy of the order involved, and of any pertinent rule, decision, memorandum, opinion, or findings issued by the agency. (4) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a disclosure statement, as described in Circuit Rule 26.1, must be attached as an addendum to the motion, and any required disclosure statement must also be attached to any response to the motion, unless such documents have been filed previously with the court. (b) Dispositive Motion Combined with Motion for Stay or Opposition Thereto.

A party filing or opposing a motion for a stay or other emergency relief may, in addition or in the alternative, file a motion to dispose of the petition for review or direct appeal in its entirety. A response to a motion for a stay or other emergency relief that is combined with a dispositive motion, the combined reply and response thereto, and the reply in support of the dispositive motion are governed by Circuit Rule 27(c). See also Circuit Rule 8 (Stay and Emergency Relief Pending Appeal from a Judgment or Order of the District Court), Circuit Rule 25 (Filing and Service), and Circuit Rule 27 (Motions). Rule 18 Rule 19.

Settlement of a Judgment Enforcing an Agency Order in Part When the court files an opinion directing entry of judgment enforcing the agency's order in part, the agency must within 14 days file with the clerk and serve on each other party a proposed judgment conforming to the opinion. A party who disagrees with the agency's proposed judgment must within 10 days file with the clerk and serve the agency with a proposed judgment that the party believes conforms to the opinion. The court will settle the judgment and direct entry without further hearing or argument.