Stay of Enforcement Request - Maine

MAINE SUPERIOR COURT MOTION TO STAY FINAL AGENCY ACTION

1. FILING GATE

File this motion only after confirming:

☐ a petition for judicial review is pending in Superior Court;

☐ the challenged matter is final agency action;

☐ § 11004 applies and no specialized statute supplies a different court, standard, or stay procedure;

☐ the Agency was asked first and denied or failed to afford the requested relief, or agency application is impracticable; and

☐ reasonable notice will be given to all parties to the agency proceeding.

The filing of the judicial-review petition does not itself stay final agency action.

2. CONTROL SHEET

3. MOTION

STATE OF MAINE

[COUNTY] COUNTY, ss.

SUPERIOR COURT

Docket No. [________________________________]

[PETITIONER NAME], Petitioner

v.

[AGENCY NAME], Respondent

MOTION TO STAY FINAL AGENCY ACTION PENDING JUDICIAL REVIEW

Petitioner moves under 5 M.R.S. § 11004 and Maine Rule of Civil Procedure 80C(b) to stay [IDENTIFY FINAL AGENCY ACTION] pending judicial review.

A. Judicial Review and Final Action

1. Petitioner filed the Petition for Review on [__/__/____].

2. The final agency action under review is [IDENTIFY ORDER, DATE, AND MATERIAL TERMS].

3. Petitioner received notice on [__/__/____].

4. The action is scheduled to take effect or be enforced on [__/__/____].

B. Agency-First Requirement

Select and support one route.

☐ Agency application impracticable. Application to the Agency was impracticable because:

[SPECIFIC FACTS AND TIMING.]

☐ Agency denial. Petitioner applied to the Agency on [__/__/____]. The Agency denied relief on [__/__/____] for these stated reasons:

[QUOTE OR ACCURATELY SUMMARIZE THE REASONS AND ATTACH THE DECISION.]

☐ Relief not afforded. The Agency acted on [__/__/____] but did not afford the requested relief because:

[IDENTIFY THE REQUEST, THE RELIEF PROVIDED, AND THE MATERIAL DIFFERENCE.]

C. Relief Requested

Petitioner requests a stay of:

☐ the entire final action;

☐ these provisions only: [________________________________]; or

☐ enforcement until [DATE / EVENT]: [________________________________].

Proposed lawful conditions:

[____________________________________________________________]

4. STATUTORY STAY SHOWING

Section 11004's agency standard is a showing of irreparable injury, strong likelihood of success, and no substantial harm to adverse parties or the general public. Present the court motion through that statutory framework and the specific agency-first facts required by the same section.

A. Irreparable Injury

Immediate threatened injury:

[____________________________________________________________]

When and how it will occur:

[____________________________________________________________]

Why judicial review without interim relief will not provide an adequate remedy:

[____________________________________________________________]

Affidavit and exhibit support:

[____________________________________________________________]

B. Strong Likelihood of Success on the Merits

The principal judicial-review ground is:

☐ violation of constitutional or statutory provisions;

☐ action in excess of statutory authority;

☐ unlawful procedure;

☐ bias or error of law;

☐ lack of substantial evidence on the whole record;

☐ arbitrary or capricious action or abuse of discretion; or

☐ other specialized review ground: [________________________________].

Argument:

[____________________________________________________________]

C. No Substantial Harm to Adverse Parties or the General Public

Adverse parties and potential harm:

[____________________________________________________________]

General-public interests and potential harm:

[____________________________________________________________]

Why the requested scope and conditions prevent substantial harm:

[____________________________________________________________]

Evidence:

[____________________________________________________________]

5. FACTS AND AFFIDAVITS

Section 11004 requires facts subject to dispute to be supported by affidavits.

Affidavit Checklist

☐ personal-knowledge foundation

☐ exact enforcement date and sequence

☐ specific irreparable injury facts

☐ specific no-substantial-harm facts

☐ attached documents authenticated

☐ current Maine oath and jurat selected by counsel

Exhibit Index

6. REASONABLE-NOTICE CERTIFICATION

I certify that reasonable notice of this motion was given to every party to the agency proceeding as follows:

Dated: [__/__/____]

[________________________________]

[PETITIONER OR COUNSEL]

Use the court's current filing and service rules. This reasonable-notice certification is separate from service of the underlying judicial-review petition.

7. REQUEST FOR EXPEDITED CONSIDERATION

☐ Not requested.

☐ Requested because enforcement will occur on [__/__/____], before ordinary consideration can prevent the following injury:

[____________________________________________________________]

The motion was filed at the earliest practicable time because:

[____________________________________________________________]

Notice of the expedited request was given on [__/__/____ at ____] by [METHOD].

Confirm the current court procedure with Maine counsel and the clerk. Do not assume that § 11004 authorizes an ex parte stay or supplies a fixed emergency schedule.

8. PROPOSED ORDER

[COURT CAPTION]

ORDER ON MOTION TO STAY FINAL AGENCY ACTION

The Court has considered Petitioner's motion under 5 M.R.S. § 11004.

The Court finds:

1. Agency-first status: [________________________________].
2. Irreparable injury: [________________________________].
3. Strong likelihood of success: [________________________________].
4. Harm to adverse parties and the general public: [________________________________].

It is ORDERED that the motion is:

☐ GRANTED. [IDENTIFY ACTION STAYED, SCOPE, EFFECTIVE DATE, DURATION, AND CONDITIONS.]

☐ GRANTED IN PART. [IDENTIFY TERMS.]

☐ DENIED. [STATE BASIS.]

Security:

☐ No security ordered.

☐ Petitioner shall provide this bond or other appropriate security: [________________________________].

Dated: [__/__/____]

[________________________________]

Justice, Superior Court

9. BOND OR OTHER SECURITY

Section 11004 permits the Court to condition relief on a bond or other appropriate security. The statute provides that no bond or security is required of the State, a state agency, or a state official.

Potential secured harm: [________________________________]

Proposed security and amount: [________________________________]

Calculation and evidence: [________________________________]

Alternative conditions: [________________________________]

Do not rely on Rule 62 judgment-stay provisions as a substitute for the specific § 11004 agency-action standard.

10. FINAL CHECKLIST

☐ Petition for judicial review timely filed

☐ Final agency action identified precisely

☐ Specialized stay authority checked

☐ Agency-first path proven

☐ Agency reasons attached or impracticability shown

☐ Irreparable injury supported by specific facts

☐ Strong likelihood tied to authority and record

☐ Adverse-party and public harm addressed in statutory terms

☐ Disputed facts supported by affidavits

☐ Reasonable notice given to all agency-proceeding parties

☐ Proposed order states scope and duration

☐ Security issue addressed

11. COMMON ERRORS TO AVOID

• Combining an agency application and court motion without showing which forum is acting.
• Filing in court before agency application without facts showing impracticability.
• Omitting the Agency's reasons for denial.
• Adding separate “balance of hardships” and “public interest” elements while failing to prove § 11004's exact no-substantial-harm element.
• Reducing “strong likelihood” to a mere possibility, serious question, or ordinary likelihood.
• Making disputed factual assertions without affidavits.
• Giving notice only to the Agency rather than all agency-proceeding parties.
• Treating the review petition as an automatic stay.
• Importing Rule 62 judgment stays, Rule 65 injunction procedures, or appellate deadlines without verifying that they apply.
• Requesting an indefinite stay through every appeal without authority and defined terms.

12. OFFICIAL SOURCES

• Maine Legislature, 5 M.R.S. § 11004: https://legislature.maine.gov/statutes/5/title5sec11004.html
• Maine Legislature, 5 M.R.S. § 11007: https://legislature.maine.gov/statutes/5/title5sec11007.html
• Maine Judicial Branch, Maine Rules of Civil Procedure, Rule 80C, amendments effective June 1, 2026: https://www.courts.maine.gov/rules/text/mr_civ_p_only_2026-06-01.pdf