Rule 8. Stay or Injunction Pending Appeal

(a) Motions for Stay.

(1) Initial Motion in 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 a district court pending appeal;

(B) approval of a supersedeas bond; or

(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending.

(2) Motion in Appellate Court; Conditions on Relief. A motion for relief under Rule 8(a)(1) may be made to the appellate court or to an appellate justice or judge.

(A) any such motion must:

(i) show that moving first in the district court would be impracticable, or

(ii) show that the district court has denied an application, or has failed to afford the relief requested, and state the 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 if the facts are in dispute; and

(iii) relevant parts of the record.

(C) The moving party must give reasonable notice of the motion to all parties.

(D) A motion under this Rule 8(a)(2) must be filed with the clerk but in exceptional cases where such filing would be impracticable due to the requirements of time, the motion may be made to and considered by a single justice or judge.

(E) Except as provided in Rule 8(c), the appellate court may condition relief on a 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 documents affecting the surety's liability on the bond or undertaking may be served. On motion, the 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 must mail a copy to each surety whose address is known.

(c) When Bond Not Required. The appellate court may, in its discretion, dispense with or limit the amount of bond when the appellant is an executor, administrator, conservator, or guardian of an estate and has given sufficient bond as such. The appellate court shall not require the following to furnish bond:

(1) the state;

(2) the county commissioners of the various counties;

(3) cities;

(4) towns;

(5) school districts;

(6) charitable, educational, and reformatory institutions under the patronage or control of the state; and Rule 6 Colorado Appellate Rules

(7) public officials when suing or defending in their official capacities for the benefit of the public.

(d) Bond; Release of Lien or of Notice of Lis Pendens. If a money judgment has been made a lien upon real estate, the lien will be released when a bond is given. The clerk of the court that granted a stay will issue a certificate that the judgment has been stayed. The certificate may be recorded with the recorder of the county in which the real estate is situated. The certificate may also be served on any officer holding an execution. Upon such service, all proceedings under such execution must be discontinued, and the officer must return the same to the issuing court together with the certificate served on the officer. The return must indicate what the officer has done under the execution.

Committee Notes

Source: Entire rule amended and effective January 7, 2015.