Rule 8 - [Effective 8/15/2024] Stay or Injunction Pending Appeal or Resolution of Original Writ Proceedings(a)Motion for Stay.(1)Initial Motion in the District Court. A party must ordinarily move first in the district court for the following relief:(A) a stay of the judgment or order of, or proceedings in, a district court pending appeal or resolution of an original writ petition;(B) approval of a supersedeas bond; or(C) an order suspending, modifying, restoring, or granting an injunction while an appeal or original writ petition is pending. If a district court stays an order or judgment to permit application to the appellate court for a stay pending appeal or resolution of an original writ petition, an application for such stay must be filed with the clerk of the Supreme Court within 14 days after issuance of the district court's stay.
(2)Motion in the Court; Conditions on Relief. A motion for the relief mentioned in Rule 8(a)(1) may be made to the Supreme Court or to one of its justices. If the matter has been transferred to the Court of Appeals, the motion may be made to the Court of Appeals or to one of its judges.(A) The motion must: (i) show that moving first in the district court would be impracticable; or(ii) state that, a motion having been made, the district court denied the motion or failed to afford the relief requested and state any reasons given by the district court for its action.(B) The motion must also include: (i) the reasons for granting the relief requested and the facts relied on;(ii) originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and(iii) relevant parts of the record including the order or decision from which relief is sought. In an emergency, the motion shall comply with Rule 27(e).(C) The moving party must give reasonable notice of the motion to all parties.(D) In an exceptional case in which time constraints make consideration by a panel impracticable, the motion may be considered by a single justice or judge.(E) Unless the moving party is exempted by law, the court may condition relief on the party's filing a bond or other appropriate security in the district court.(b)Proceedings Against Sureties. If a party gives security in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the district court and irrevocably appoints the district court clerk as the surety's agent on whom any papers affecting the surety's liability on the bond or undertaking may be served. On motion, a surety's liability may be enforced in the district court without the necessity of an independent action. The motion and any notice that the district court prescribes may be served on the district court clerk, who will promptly mail a copy to each surety whose address is known.(c)Stays or Injunctions in Civil and Criminal Cases but Not Cases Involving Child Custody. In deciding whether to issue a stay or injunction, the Supreme Court or Court of Appeals will generally consider the following factors: (1) whether the object of the appeal or writ petition will be defeated if the stay or injunction is denied;(2) whether the appellant/petitioner will suffer irreparable or serious injury if the stay or injunction is denied;(3) whether the respondent/real party in interest will suffer irreparable or serious injury if the stay or injunction is granted; and(4) whether the appellant/petitioner is likely to prevail on the merits in the appeal or writ petition.(d)Stays in Civil Cases Involving Child Custody. In deciding whether to issue a stay in matters involving child custody, the Supreme Court or Court of Appeals will consider the following factors: (1) whether the child(ren) will suffer hardship or harm if the stay is either granted or denied;(2) whether the nonmoving party will suffer hardship or harm if the stay is granted;(3) whether the movant is likely to prevail on the merits in the appeal; and (4) whether a determination of other existing equitable considerations, if any, is warranted.(e)Stays in Criminal Cases; Admission to Bail. Stays in criminal cases will be had in accordance with the provisions of NRS 177.095 et seq. Admission to bail will be as provided in NRS 178.4873 through 178.488.(f)Stay of Execution of Death Penalty. Immediately upon entry of an order of the Supreme Court staying execution of the death penalty, the clerk will deliver copies thereof to the Governor of Nevada, the Director of the Department of Corrections, the warden of the institution in which the offender is imprisoned, and the Office of the Attorney General in Carson City.As amended; effective 1/20/2015; amended effective 8/15/2024.ADVISORY COMMITTEE NOTE
Subdivision (a)(1) adds language that requires a party to move to obtain a stay in the appellate court within 14 days if the district court has entered a limited stay of an order or judgment to allow the party to seek a stay from the appellate court. This addition is modeled after Ninth Circuit Rule 27-2. Subdivision (a)(2)(B)(iii) clarifies that the portions of the record accompanying the motion should include the order from which relief is sought.
The heading of subdivision (c) was amended to clarify that the same stay factors apply to criminal and civil cases but not to child custody cases. The amendment in subdivision (f) modernizes who must receive notice of a stay motion in capital cases.