Rule 7 - Stay or Injunction Pending Appeal-Civil and Juvenile Actions(A) Stay must ordinarily be sought in the first instance in trial court; motion for stay in court of appeals. Application for a stay of the judgment or order of a trial court pending appeal, or for the determination of the amount of and the approval of a supersedeas bond, must ordinarily be made in the first instance in the trial court. A motion for such relief or for an order suspending, modifying, restoring or granting an injunction during the pendency of an appeal may be made to the court of appeals or to a judge thereof, but, except in cases of injunction pending appeal, the motion shall show that application to the trial court for the relief sought is not practicable, or that the trial court has, by journal entry, denied an application or failed to afford the relief which the applicant requested. The motion shall also show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant and as are reasonably available at the time the motion is filed. Reasonable notice of the motion and the intention to apply to the court shall be given by the movant to all parties. The motion shall be filed with the clerk of the court of appeals and normally will be considered by at least two judges of the court, but in exceptional cases where the attendance of two judges of the court would be impracticable due to the requirements of time, the application may be made to and considered by a single judge of the court on reasonable notice to the adverse party, provided, however, that when an injunction is appealed from it shall be suspended only by order of at least two of the judges of the court of appeals, on reasonable notice to the adverse party.(B) Stay may be conditioned upon giving of bond; proceedings against sureties. Relief available in the court of appeals under this rule may be conditioned upon the filing of a bond or other appropriate security in the trial court. If security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself or herself to the jurisdiction of the trial court and irrevocably appoints the clerk of the trial court as the surety's agent upon whom any process affecting the surety's liability on the bond or undertaking may be served. Subject to the limits of its monetary jurisdiction, this liability may be enforced on motion in the trial court without the necessity of an independent action. The motion and such notice of the motion as the trial court prescribes may be served on the clerk of the trial court, who shall forthwith mail copies to the sureties if their addresses are known.(C) Stay in juvenile actions. No order, judgment, or decree of a juvenile court, concerning a dependent, neglected, unruly, or delinquent child, shall be stayed upon appeal, unless suitable provision is made for the maintenance, care, and custody of the dependent, neglected, unruly, or delinquent child pending the appeal.Effective:7/1/1971; amended effective 7/1/1973;7/1/2001.Staff Note (July 1, 2001 Amendment)
Appellate Rule 7Stay or Injunction Pending Appeal-Civil and Juvenile ActionsAppellate Rule 7(B) Stay may be conditioned upon giving of bond; proceedings against sureties
Language in division (B) was changed to make it gender-neutral. No substantive change to this division was intended.
Appellate Rule 7(C) Stay in juvenile actions
The July 1, 2001 amendment eliminated the last sentence of App. R. 7(C) regarding appeals concerning a dependent, neglected, unruly, or delinquent child. This provision, to which was added appeals of cases concerning abused children, was placed in App. R. 11.2(D), which also was amended effective July 1, 2001.