§ Rule 1.15 Stay and supersedeas

Rule 1.15. Stay and supersedeas

(a) Stay and Supersedeas in Appeals from Decisions of District Courts. Stay of enforcement in the trial court of a decision on appeal, whether by stay or supersedeas, is governed by the applicable statutory law. See 12 O.S.Supp.1995 § 990.3, 12 O.S.Supp.1995 § 990.4, § 993(B) and (C), § 994(B). The trial court shall have continuing jurisdiction during the pendency of any post-trial motion and appeal to modify any order it has entered regarding security or other conditions in connection with a stay or supersedeas. 12 O.S.Supp.1995 § 990.4(E). The effectiveness of a judgment, decree, or final order, that is not governed by 12 O.S.Supp.1995 § 990.3, 12 O.S.Supp.1995 § 990.4, § 994(B), or other applicable statute relevant to staying or superseding the judgment, shall stand suspended if a timely motion for new trial is filed, and the enforcement of such judgment shall be stayed until ten days after the trial court's disposition of the motion. Within the ten day interval a further stay of the judgment may be sought by motion in the trial court, and the time limit for filing such motion may be extended by the trial court for good cause shown.

The effectiveness of an interlocutory order appealable by right and which is not governed by 12 O.S.Supp.1993 § 993(B) and (C), or other applicable statute relevant to staying the order, shall stand suspended for ten days after the order is filed. Within that ten day interval a further stay may be sought by motion filed in the trial court, and the time limit for filing such motion may be extended by the trial court for good cause shown.

(b) Stay of Enforcement of Decisions in All Other Proceedings. Stay of enforcement of the decision of a lower tribunal in any proceeding other than an appeal from a final decision of a district court shall be governed by any applicable statutory law or rules governing that tribunal. Except where an applicable statute or rule provides otherwise, the lower tribunal may in its sound discretion stay enforcement of the decision which is the subject of proceedings in this Court on terms which will protect the rights of the parties. No motion shall be filed in this Court to stay the decision of the lower tribunal where such relief may be sought from the lower tribunal until application has first been presented to and ruled upon by the lower tribunal.

1. Emergency Applications or Motions. Any application that requires the Court to act in less than a week in order to effect the relief requested shall be accompanied by a certification by counsel stating why the application was not made earlier. Emergency applications for stay shall be plainly marked with the word “emergency” on the face of the motion and shall state the effective date of the order, judgment, or other action sought to be stayed. The Supreme Court may require an expedited hearing. Emergency applications must comply with Rule 1.15(c)(2).

2. All Applications for Stay, Supersedeas, or Suspension. No application for a stay, supersedeas, or suspension pending appeal will be considered unless the applicant addresses:

(a) The likelihood of success on appeal;

(b) The threat of irreparable harm to moving party if relief is not granted;

(d) Any risk of harm to the public interest.

All applications for stay shall state that relief was first sought in the district court or other lower tribunal.

(d) Motions Relating to Supersedeas Bonds. All motions relating to a supersedeas bond must have attached a certified copy of the supersedeas bond and include a citation to the place in the record where the original of the supersedeas bond may be located. Motions to modify the supersedeas bond must be first presented in the district court, subject to the Supreme Court's review, and must explain the reason for the modification. All motions for judgment on the supersedeas bond must clearly state the specific dollar amount of the judgment. In any event, the judgment on the supersedeas bond may not exceed the penal sum represented by the bond. An appellee may request judgment on the supersedeas bond in its Brief-in-chief on appeal or after the opinion of the appellate court is filed and prior to the time of the issuing of the mandate. No motion for judgment on the supersedeas bond will be entertained by the Supreme Court or
Court of Civil Appeals unless filed with the Clerk of the Court prior to issuance of the mandate.

Adopted July 10, 1996

Effective January 1, 1997