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The party filing the motion for a stay must give reasonable notice of the motion to all parties. The motion must also include the reasons the Second Circuit should grant the relief requested and the facts relied on, originals or copies of affidavits or other sworn statements supporting disputed facts, and pertinent parts of the record. It is necessary to state any reasons the district court gave for its decision. To move for a stay in the Second Circuit, the party must show that moving in the district court would be impracticable or state that a motion has been made to the district court and that the district court either denied it or failed to afford the relief request. To receive a stay, a party must ordinarily first file in the district court.
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The procedure for filing a stay pending appeal in the Second Circuit is governed by Rule 8 of the Rules of the Second Circuit, which adopts Rule 8 of the Federal Rules of Appellate Procedure. The fine was stayed pending the disposition of an expedited appeal. The court also fined the network $500 per day. The network did not comply with this order, and the court found it to be in civil contempt. LaRouche Campaign, 821 F.2d 1176 (1st Cir. In LaRouche, the district court had ordered the media party to submit, for in camera review, the outtakes of a videotaped interview with a prospective key witness. In contrast with the motion to stay the order to compel, the court found that the interest balanced in the reporter’s favor given the expedition of the appeal and the minimal risk of harm from a brief further delay. Although the court expressed doubts about the merits of the case just as it had in the 2003 decision, they held that the First Amendment interests justified a stay.
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The reporter sought review, and the court granted a stay of the order pending expedited review.
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In re Special Proceedings, 373 F.3d 37, 41 (1st Cir. Id.Īfter the reporter continued to conceal his source, the District Court held him in civil contempt and ordered him to pay $1,000 a day until the contempt was purged. The court found that the reporter had demonstrated neither a likelihood of success on the merits nor that granting the stay was in the public interest and denied the stay. The court stated that “a party seeking a stay must demonstrate four things: a strong likelihood of success on the merits of its appeal that will suffer irreparable harm if a stay is not granted that the harm will outweigh any harm opposing parties will suffer if the stay is granted and that the public interest would be furthered by granting the stay.” Id., quoting In re Power Recovery Sys., Inc., 950 F.2d 798, 804 n. The source had leaked surveillance tapes of Providence city officials indicted for extortion, bribery and other offenses in violation of a protective order prohibiting dissemination. 2003), the Rhode Island District Court denied a reporter’s motion to stay a court order compelling him to answer a special prosecutor’s questions regarding his source. In these cases, it is also likely that the court will expedite the appeal process. Additionally, the moving party must give reasonable notice of the motion to all parties.Ĭourts in the First Circuit may stay penalties for contempt pending the outcome of an appeal. This motion must also include the reasons for granting the relief requested and the facts relied on, originals or copies of affidavits or other sworn statements supporting facts subject to dispute, and the relevant parts of the record. or 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.” Fed. This motion may be made in the Court of Appeals provided that the motion “show that moving first in the district court would be impracticable. 8, under which a party must ordinarily move first in the district court for a stay of the judgment or order of a district court pending appeal.