Rule 9.5 - Pending appealIn summary eviction appeals, the execution of the order of eviction is automatically stayed upon filing of the notice of appeal and posting of the appeal cost bond. For all other civil appeals, an order of stay or related relief from either the lower court or district court must be obtained, unless a supersedeas bond is posted.
(a)Initial motion in the justice or municipal court. A party must ordinarily move first in the lower court for the following relief:(1) A stay of the judgment or order of, or proceedings in, a justice court or municipal court, pending appeal to the district court;(2) Approval of a supersedeas bond; or(3) An order suspending, modifying, restoring, or granting an injunction while an appeal is pending.(b)Motion in the district court; conditions on relief. A motion for the relief mentioned in EDCR 9.5(a)(1) may be made to the district court. (1) The motion shall: (A) Show that moving first in the lower court would be impracticable; or(B) State that, a motion having been made, the lower court denied the motion or failed to afford the relief requested and state any reasons given by the lower court for its action.(2) The motion shall also include: (A) The reasons for granting the relief requested and the facts relied on;(B) Originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and(C) Relevant parts of the record.(3) The moving party must give reasonable notice of the motion to all parties.(4) The court may condition relief on a party's filing a bond or other appropriate security in the lower court.Adopted April 26, 2024, effective 6/25/2024.