STAY OR INJUNCTION PENDING APPEAL

8.1 Motion for Stay in Court of Appeals A motion for a stay of a judgment or order of a district court or a decision of the United States Tax Court pending appeal, or for an order suspending, modifying, restoring or granting an injunction during the pendency of an appeal must include a copy of any relevant judgment, decision, or order of the district court or the decision of the United States Tax Court and any accompanying opinion. Failure to do so is a ground for dismissal of the motion. Source: 1988 Court Rules 11.2, 11.4 Cross-references: FRAP 8, 18, 27; 3d Cir. L.A.R. 18.0, 27.0 Committee Comments: This rule was revised in 1995 to apply to decisions of the United States Tax Court as well as the judgments and orders of the United States district court.

Otherwise, no substantive change from prior Court Rules 11.2 or 11.4 is intended. The rule was amended to delete references to a supersedeas bond, because approval of a supersedeas bond must be sought in the district court under FRAP 8 (a)(1)(B). 8.2 Expedited Consideration If the court or clerk determines that a motion under L.A.R. 8.1 requires expedited treatment, proceedings in regard to the motion will be in accordance with L.A.R. 27.7. Source: New provision in 2002 Cross-references: None Table of Contents 5 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 Committee Comments: Section 8.2 was added to clarify procedures in expedited cases.

See L.A.R. 27.7 requiring notification to the clerk of expedited or urgent matters. 8.3 Death Penalty Cases Except as provided in 28 U.S.C. § 2262, the provisions of 3d Cir. L.A.R. Misc. 111.0 govern all stay proceedings in death penalty cases, including appeals from the grant or denial of a petition under 28 U.S.C. §§ 2254 or 2255, applications to file a second or successive petition under 28 U.S.C. §2244 and/or § 2255, and in original habeas corpus actions challenging a conviction in which a sentence of death has been imposed.

In a direct appeal of conviction or sentence in a criminal case in which the district court has imposed a sentence of death, an order will be entered staying the sentence. Source: None Cross-references: FRAP 8, 22; Fed. R. Crim. Pro. 38(a); 3d Cir. L.A.R. Misc.

111.0 Committee Comments: New provision in 1995. To the extent consistent with FRAP and applicable statutes, all local procedure in death penalty proceedings are governed by 3d Cir. L.A.R. Misc. 111.0.

Technical changes were made in 1997 to conform to the Antiterrorism and Effective Death Penalty Act.