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U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
Rule 23. Stays
1. A stay may be granted by a Justice as permitted by law.
2. A party to a judgment sought to be reviewed may present to a Justice an application to stay the enforcement of that judgment. See 28 U.S.C. § 2101(f).
3. An application for a stay shall set out with particularity why the relief sought is not available from any other court or judge. Except in the most extraordinary circumstances, an application for a stay will not be entertained unless the relief requested was first sought in the appropriate court or courts below or from a judge or judges thereof. An application for a stay shall identify the judgment sought to be reviewed and have appended thereto a copy of the order and opinion, if any, and a copy of the order, if any, of the court or judge below denying the relief sought, and shall set out specific reasons why a stay is justified. The form and content of an application for a stay are governed by Rules 22 and 33.2.
4. A judge, court, or Justice granting an application for a stay pending review by this Court may condition the stay on the filing of a supersedeas bond having an approved surety or sureties. The bond will be conditioned on the satisfaction of the judgment in full, together with any costs, interest, and damages for delay that may be awarded. If a part of the judgment sought to be reviewed has already been satisfied, or is otherwise secured, the bond may be conditioned on the satisfaction of the part of the judgment not otherwise secured or satisfied, together with costs, interest, and damages.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "Rule 23. Stays," U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed October 11, 2024, http://www.originalsources.com/Document.aspx?DocID=LBF7CUV7C4Z2ZWJ.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "Rule 23. Stays." U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, Washington, D.C., Government Printing Office, 2002, Original Sources. 11 Oct. 2024. http://www.originalsources.com/Document.aspx?DocID=LBF7CUV7C4Z2ZWJ.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", 'Rule 23. Stays' in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix. cited in 2002, U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, Government Printing Office, Washington, D.C.. Original Sources, retrieved 11 October 2024, from http://www.originalsources.com/Document.aspx?DocID=LBF7CUV7C4Z2ZWJ.
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