PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT
Rule 62. Emergency relief, stays, and the Duty Justice
Emergency designation
The title must begin EMERGENCY. The first substantive page must state:
the exact relief requested;
the date and UTC time by which relief is needed;
the event creating urgency;
when the applicant learned of it;
the current status of the lower proceeding;
the notice given to every affected party; and
whether the same relief was requested elsewhere.
Stay factors
An application to stay a judgment, mandate, or lower proceeding must address:
a substantial likelihood of success or a serious merits question;
irreparable injury without relief;
injury to other parties;
the public interest;
jurisdiction;
exhaustion below; and
the proposed duration and terms.
No one factor automatically controls unless governing law so provides.
First request below
Absent extraordinary circumstances, a stay must first be requested from the tribunal whose act is challenged. The application must attach its ruling or explain specifically why seeking relief there was impossible or futile.
Notice
The applicant must give actual notice as early as reasonably possible. A request for action without notice must certify detailed efforts and show that notice itself would cause the imminent harm. Any ex parte temporary order must be narrowly limited and followed by prompt adversarial review.
Duty Justice
The Chief Justice must publish a neutral rotation or assignment for a Duty Justice. If the assigned Justice is unavailable or disqualified, the application passes by lawful precedence. Parties may not choose the recipient.
Individual action
When necessary to preserve the Court’s ability to decide and when law authorizes:
the Duty Justice may deny relief;
request an immediate response;
refer the application to the Court; or
grant a temporary administrative stay of no more than forty-eight hours.
A single Justice may not finally decide relief reserved to a quorum. Relief continuing beyond forty-eight hours requires action by the Court unless a statute expressly authorizes individual action.
Response and review
The Court or Duty Justice may set a response measured in hours. A temporary order must state its expiration, service duties, and time for Full Court review. A party may move to dissolve or modify it on material new facts or law.
Security
The Court may require a bond or other security only when authorized by law and reasonably related to compensable harm. Inability to provide security must be considered when law permits.
Emergency amicus
An emergency amicus filing is disfavored and requires leave. It must be filed promptly, disclose its source and coordination, and address a matter not adequately presented by the parties.