Stay Pending Review

(a) Petition for Review or Notice of Appeal; Agency Order. A petition for review or notice of appeal must be filed with this court before it will entertain a motion for a stay or injunction pending review. A motion for stay or injunction pending review must be accompanied by a certificate of interest under Federal Circuit Rule 47.4, a copy of the agency decision on the merits, and a copy of any agency order on the motion for a stay or injunction pending review. (b) Notice When Requesting Immediate Action.

A party moving for a stay or injunction pending review 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 pending review was not made in the agency under Federal Rule of Appellate Procedure 18(a), 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 pending review was made in the agency and remains pending, the movant must include in its motion in this court a statement specifically identifying when it filed the motion in the agency and why it is not practicable to await a ruling by the agency.

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) PRACTICE NOTES TO RULE 18 Format Requirements. See Federal Rule of Appellate Procedure 27 for format requirements concerning motions. Emergency Rule 18 Filings. Parties should notify the Clerk’s Office as soon as possible when filing (or in anticipation of filing) a Rule 18 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 18 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) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 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. FEDERAL RULE OF APPELLATE PROCEDURE 20 Applicability of Rules to the Review or Enforcement of an Agency Order All provisions of these rules, except Rules 3-14 and 22-23, apply to the review or enforcement of an agency order. In these rules, “appellant” includes a petitioner or applicant, and “appellee” includes a respondent.