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Rule8. Stay or injunction pending appeal.

(a)Motion for stay.

(1) Initial motion in the trial court. A party must ordinarily movefirst in the trial court for the following relief:

(A) a stay of the judgment ororder without security pending appeal or disposition of a petition under Rule 5;

(B) approval of a bond or othersecurity provided to obtain a stay of the judgment or order; or

(C) an order suspending,modifying, restoring, or granting an injunction while an appeal is pending,unless the trial court has already rejected the basis for the requested relief.

(2) Motion in the appellate court.

(A) The motion for a stay mustinclude:

(i) the reasons the trial courtdenied the request;

(ii) the reasons for grantingthe relief requested and the facts relied on;

(iii) copies of affidavits orother sworn statements supporting facts subject to dispute; and

(iv) relevant parts of therecord, including a copy of the trial court?s order.

??????????????????????? (B) Any motion mustcomply with Rule 23.

(C) Except inextraordinary circumstances, an appellate court will not act on a motion tostay a judgment or order or to suspend, modify, restore, or grant aninjunction, unless the movant first requested a stay or opposed the injunctionin the trial court.

(3) Stays in criminal cases. Stays pending appeal in criminal cases inwhich the defendant has been sentenced are governed by Utah Code section77-20-10 and Rule 27 of the Utah Rules of Criminal Procedure. Stays in othercriminal cases are governed by this rule.

(b)Bond requirement.

(1) Stay ordinarily conditioned upon giving a bond. For requests forrelief to which Rule 62(d) of the Utah Rules of CivilProcedure applied in the trial court, relief available pending appeal willbe conditioned upon giving a bond or other appropriate security in the trialcourt, unless there is no reasonable means of quantifying the security inmonetary or other terms and the conditions of paragraph (b)(2) are met.

(2) Stay in cases not conditioned on giving a bond. Ordinarily a staywithout a bond or other security will not be granted unless the movantdemonstrates a likelihood of success on the merits or the case presents seriousissues on the merits warranting appellate review and the appellantdemonstrates:

(A) a likelihood of irreparableharm to the movant outweighing the harm to any other party and the stay wouldnot be adverse to the public interest; or

(B) an extraordinarycircumstance that justifies issuing a stay.

(c)Injunctions. Forrequests for relief to which Rules 65A or 62(c) of the Utah Rules of CivilProcedure applied in the trial court, any relief available pending appeal isgoverned by those rules.

Effective November 1, 2020