---

JURISDICTION: FEDERAL

This template applies to United States District Courts and Circuit Courts of Appeals governed by FRCP, FRAP, and Federal Rules of Evidence.

EMERGENCY MOTION FOR STAY PENDING APPEAL

---

EMERGENCY MOTION FOR STAY PENDING APPEAL

Pursuant to Federal Rule of Appellate Procedure 8(a) and {{Local Rule}}, Appellant {{Name}} respectfully moves this Court for an order staying enforcement of {{the judgment/order/injunction}} entered on {{date}} (Doc. {{ECF Number}}) pending resolution of appellant's appeal to the United States Court of Appeals for the {{Circuit}} Circuit.

THIS IS AN EMERGENCY MOTION. IRREPARABLE HARM WILL OCCUR IF A STAY IS NOT GRANTED IMMEDIATELY.

Relief Requested: Stay of {{judgment/order/injunction}} pending appeal, effective immediately and continuing until final disposition of the appeal.

Briefing Requested: {{Immediate consideration without briefing due to emergency / Expedited briefing schedule}}

---

I. PRELIMINARY STATEMENT

1. On {{date}}, this Court entered {{judgment/order}} {{granting summary judgment / dismissing complaint / enjoining appellant / other}} (Doc. {{ECF Number}}).

2. On {{date}}, appellant filed Notice of Appeal to the {{Circuit}} Circuit (Doc. {{ECF Number}}).

3. Without a stay, {{describe imminent irreparable harm - e.g., "appellant will be evicted from public housing on {{date}}" / "appellant's security clearance will be revoked, ending federal employment" / "agency will destroy records essential to appeal"}}.

4. Appellant satisfies all four factors for stay pending appeal.

---

II. FACTUAL BACKGROUND

{{Brief procedural history}}

5. {{Describe underlying case and District Court proceedings}}

6. On {{date}}, the District Court {{issued ruling being appealed}}.

7. {{Describe immediate consequences if stay not granted}}

8. {{Timeline showing urgency}}

---

III. LEGAL STANDARD

9. Under FRAP 8(a) and Nken v. Holder, 556 U.S. 418 (2009), a stay pending appeal requires:

   (1) Likelihood of success on the merits of the appeal; (2) Irreparable harm absent a stay; (3) Substantial harm to other parties if stay is granted (balance of equities); and (4) Public interest.

10. These factors are not rigid prerequisites but "interrelated considerations" that must be "balanced together." Nken, 556 U.S. at 434.

11. "The first two factors... are the most critical." Nken, 556 U.S. at 434.

---

IV. ARGUMENT

A. Likelihood of Success on the Merits

12. Appellant has a strong likelihood of success on appeal because:

Issue 1: {{Legal Error}}

13. The District Court erred in {{specific legal ruling - e.g., "holding that plaintiff failed to exhaust administrative remedies"}}.

14. {{Explanation of error and controlling authority supporting appellant's position}}

15. {{Citation to circuit precedent}}

16. This error was outcome-determinative and requires reversal.

Issue 2: {{Additional Error}}

17. {{If multiple grounds for appeal, address each}}.

18. {{Explain why District Court's reasoning was flawed}}

Standard of Review:

19. The Court of Appeals will review {{de novo / for abuse of discretion / for clear error}} and is likely to find error because {{reasoning}}.

20. {{Supporting case law showing similar cases reversed}}

B. Irreparable Harm Absent Stay

21. Absent a stay, appellant will suffer irreparable harm that cannot be remedied by monetary damages:

Harm 1: {{Specific Harm}}

22. {{Describe concrete, imminent harm - e.g., "Appellant will lose Section 8 housing voucher on {{date}}, resulting in homelessness"}}

23. This harm is irreparable because {{explain why money damages inadequate - e.g., "housing vouchers are not commodities that can be purchased; once revoked, there is a multi-year waitlist"}}.

Harm 2: {{Additional Harm}}

24. {{Second category of harm}}

25. {{Explain irreparability}}

Harm 3: {{Third Harm}}

26. {{If applicable - e.g., deprivation of First Amendment rights, loss of custody, deportation, etc.}}

27. Courts have held that {{this type of harm}} constitutes irreparable injury. {{Supporting cases}}.

Timing:

28. These harms will occur imminently: {{specific dates or timeframes}}.

29. By the time the Court of Appeals can rule, the harm will be complete and impossible to remedy.

C. Balance of Equities Favors Appellant

30. The balance of equities tips sharply in appellant's favor.

Minimal Harm to Appellee:

31. Granting a stay will cause {{no harm / minimal harm}} to appellee because:

    • {{Reason 1 - e.g., "Government faces no hardship from brief delay in enforcement"}}
    • {{Reason 2 - e.g., "Status quo can be maintained during appeal without prejudice"}}
    • {{Reason 3}}

32. Any harm to appellee can be remedied by {{bonds, conditions, or expedited appeal}}.

Severe Harm to Appellant:

33. In contrast, denying the stay will cause appellant severe and irreparable harm (see Section IV.B above).

34. The Court should "balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief." Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008).

35. That balance favors appellant.

D. Public Interest Favors Stay

36. The public interest favors granting a stay:

37. "The public interest is served by preventing [enforcement of an unconstitutional law/improper government action]." {{Circuit precedent}}.

38. {{Additional public interest considerations - e.g., "preservation of constitutional rights," "ensuring meaningful appellate review," "preventing irreversible harm pending appeal"}}

39. No public interest is served by {{immediate enforcement / denying stay}} when appellant has demonstrated likelihood of success on appeal.

---

V. ALTERNATIVES CONSIDERED

40. Appellant {{has sought / will seek}} stay from the Court of Appeals if this motion is denied or cannot be ruled upon in time.

41. However, FRAP 8(a)(1) requires application to District Court first, and the emergency nature of this matter requires immediate relief from this Court.

42. {{If bond offered:}} Appellant is willing to post a {{$X}} bond or other security as a condition of the stay.

---

VI. CONCLUSION

43. Appellant satisfies all four Nken factors for stay pending appeal.

44. Without immediate relief, appellant will suffer irreparable harm that cannot be remedied even if the appeal succeeds.

45. The Court should grant this emergency motion and stay {{the judgment/order}} pending appeal.

---

RELIEF REQUESTED

WHEREFORE, Appellant respectfully requests that this Court:

A. Grant an emergency stay of {{judgment/order}} entered {{date}} (Doc. {{ECF Number}}) pending final disposition of the appeal, including any petition for certiorari;

B. Enter the stay immediately upon filing or within {{24/48}} hours given the emergency circumstances;

C. {{If applicable:}} Set bond at ${{X}} or such other amount as the Court deems appropriate;

D. {{If applicable:}} Impose conditions to protect appellee's interests during pendency of appeal;

E. Grant such other and further relief as the Court deems just and proper.

---

Dated: {{Date}}

Respectfully submitted,

---

{{Your Signature}} {{Your Name}} {{Pro Se Appellant / Attorney for Appellant}} {{Address}} {{Phone}} {{Email}}

---

CERTIFICATE OF SERVICE

I hereby certify that on {{date}}, a true and correct copy of this Emergency Motion was served via CM/ECF on all parties of record.

---

{{Signature}}

---

PROPOSED ORDER

ORDER GRANTING STAY PENDING APPEAL

Upon consideration of appellant's Emergency Motion for Stay Pending Appeal, it is hereby

ORDERED that the motion is GRANTED;

ORDERED that enforcement of {{the judgment/order}} entered on {{date}} (Doc. {{ECF Number}}) is STAYED pending final disposition of the appeal to the United States Court of Appeals for the {{Circuit}} Circuit, including any petition for writ of certiorari to the United States Supreme Court;

{{Optional: ORDERED that appellant shall post bond in the amount of ${{X}} within {{X}} days;}}

ORDERED that this stay shall remain in effect unless modified or vacated by this Court or the Court of Appeals.

SO ORDERED this _____ day of __________, 20.

---

{{District Judge Name}} United States District Judge

---

SUPPORTING DECLARATION

I, {{Appellant Name}}, declare under penalty of perjury:

1. I am the appellant in this case.

2. {{Factual statements supporting irreparable harm - e.g., "I received notice from Housing Authority on {{date}} that my voucher will be revoked on {{date}}"}}

3. {{Additional facts supporting stay}}

4. {{Facts showing urgency and timeline}}

5. The facts stated herein are true and correct to the best of my knowledge and belief.

Executed on {{Date}}.

---

{{Signature}} {{Name}}

---

Authorities Cited:

• FRAP 8(a): Stay or injunction pending appeal
• FRAP 8(a)(1): Motion in district court
• Nken v. Holder, 556 U.S. 418 (2009) (stay factors)
• Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)
• {{Circuit-specific stay cases}}
• {{Substantive authority supporting likelihood of success}}

---

Exhibits:

• Exhibit A: Notice of Appeal (Doc. {{ECF Number}})
• Exhibit B: {{Judgment/Order being stayed}} (Doc. {{ECF Number}})
• Exhibit C: {{Evidence of irreparable harm - notices, letters, etc.}}
• Exhibit D: {{Supporting documentation}}