Motion for Stay Pending Appeal Template

United States [District/Circuit] Court
Case No.: [Number]

[Appellant Name],
Appellant,

v.
[Appellee Name],
Appellee.

Appellant’s Motion for Stay Pending Appeal

Appellant respectfully moves for a stay pending appeal pursuant to Fed. R. Civ. P. 62(d) / Fed. R. App. P. 8(a), and states as follows:

1. Procedural Background

• Describe judgment/order appealed from, date entered, and current appellate status.
• Note whether stay sought first in lower court and outcome.

2. Standard for Stay

• Outline factors: (1) likelihood of success on the merits, (2) irreparable harm absent stay, (3) substantial injury to other parties, (4) public interest.

3. Likelihood of Success

• Summarize key legal issues and why appellant is likely to prevail (cite authorities).

4. Irreparable Harm

• Detail specific harms that cannot be remedied by monetary damages or reversal (loss of constitutional rights, business closure, mootness).

5. Harm to Other Parties

• Explain that stay will not substantially injure appellee; propose safeguards (e.g., bond, expedited briefing).

6. Public Interest

• Argue that granting stay serves public interest (preserves status quo, prevents enforcement of unconstitutional law).

7. Bond or Security

• Propose amount and form of supersedeas bond or alternative security; request waiver if appropriate.

8. Relief Requested

• Stay enforcement of [order/judgment] pending resolution of appeal.
• Request expedited consideration.

9. Conclusion

For the foregoing reasons, Appellant requests that the Court grant this Motion for Stay Pending Appeal.

Dated: [Date]

Respectfully submitted,

[Attorney Name]
[Firm]
[Address]
[Phone]
[Email]
Counsel for Appellant

Certificate of Service

I certify that on [Date], a copy of this Motion was served on all counsel of record via [CM/ECF/mail].

[Signature]