Rule 15 - Stays; Suspension Of Execution Of Sentence And Admission To Bail(A)Filing. All motions to stay an appealed judgment, motions for bond pending appeal, and motions to suspend execution of sentence and admission to bail pending appeal shall be made in the first instance in the trial court as required by App.R. 7 and 8. No motion seeking such relief will be considered by this court unless accompanied by a copy of the entry of the trial court denying a similar motion. In addition to filing the motion with the clerk, the moving party shall serve a copy of such application upon opposing counsel or party.(B)Briefing. All motions to stay shall be accompanied by a memorandum that discusses the relevant factors concerning (1) whether the stay should be granted and (2) whether the posting of a supersedeas bond should be required. If the motion to stay involves a criminal conviction, the defendant also must address the factors contained in Crim.R. 46(C), including, but not limited to the following: (1) the nature and circumstances of the crime charged;(2) the weight of the evidence against the defendant;(3) the defendant's family ties, employment, financial resources, character, mental condition, length of residence in the community, jurisdiction of residence, record of convictions, record of appearance at court proceedings or of flight to avoid prosecution; and(4) whether the defendant was on probation, a community control sanction, parole, post-release control, or bail. The failure to comply with this section may result in the automatic denial of the motion. Within seven (7) days of the date upon which the moving party serves the motion, the opposing party shall file a response addressing the same factors noted above. The failure of the responding party to file a response does not affect this court's discretion to grant or deny the motion. However, the court may deem the absence of a response as acquiescence in the motion and thus grant it, if it seems reasonable upon its face.
(C)Exigent Circumstances. If the moving party can demonstrate the existence of exigent circumstances, the court may, ex parte, grant a temporary stay until the opposing party can file a response and the court can render a final determination. If the moving party specifically requests a temporary stay, the motion shall be accompanied by an affidavit in which the moving party sets forth (1) the nature of the exigent circumstances and (2) any efforts that have been made to give the opposing party notice of the request. The granting of a temporary stay does not relieve the opposing party of its obligation to submit a response.(D)Presentence Investigation Report. The filing of a motion to suspend execution of sentence and admission to bail pending appeal shall be considered a waiver of any privilege of confidentiality that the defendant might have otherwise had to prevent this court from reviewing a presentence investigation report or a psychiatric or mental evaluation that the trial court considered, or which was available for consideration.As amended through 6/1/2021; as amended effective 3/2/2022.