B. APPEAL AS OF RIGHT

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Rule 7: Stay or Injunction Pending Appeal.

(a) Review of Stay Orders.  Any party may obtain review of an order entered pursuant to Rule 62 of the Tennessee Rules of Civil Procedure by a trial court from which an appeal lies to the Supreme Court or Court of Appeals granting, denying, setting or altering the conditions of a stay of execution pending appeal, or granting, denying, setting or altering the conditions of additional or modified relief pending appeal. As a prerequisite to review, a written motion for the relief sought on review shall first be presented to the trial court unless a motion in the trial court is not practicable.  

Review may be had by filing a motion for review in the appellate court to which the appeal has been taken. The motion for review shall be accompanied by a copy of the motion filed in the trial court, any answer in opposition thereto, any written statement of reasons given by the trial court for its action, and shall state:  (1) the court that entered the order;  (2) the date of the order;  (3) the substance of the order, including the amount of any bond or other conditions of stay of execution;  (4) the facts relied on, including the facts showing relief in the trial court is not practicable if a motion for the relief sought on review has not been presented to the trial court;  (5) the arguments supporting the motion; and (6) the relief sought. If the facts relied on are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies thereof. Review shall be had without briefs after reasonable notice to the other parties, who shall be served with a copy of the motion. The other parties may promptly file an answer. The court, on its own motion or on motion of any party, may order preparation of a transcript of all proceedings had in the trial court on the question of stay. Review shall be completed promptly.

A party may appeal the Court of Appeals’ decision on a motion for review by filing a motion for review in the Supreme Court within 15 days of filing of the Court of Appeals’ order. The motion shall be accompanied by a copy of the trial court’s order, the motion filed in the Court of Appeals, the order of the Court of Appeals, and all other documents (including transcripts) filed in the Court of Appeals on the issue of stay or injunction pending appeal. Review shall be had without briefs after reasonable notice to the other parties, who shall be served with a copy of the motion. The other parties may file an answer within 10 days of the filing of the motion in the Supreme Court. No oral argument shall be permitted except when ordered on the court’s own motion. Review shall be completed promptly.

(b) Stay or Injunction May Be Conditioned on Giving of Bond; Proceedings Against Sureties. Relief available in the appellate court under this rule may be conditioned on the filing of a bond in the trial court as provided in Tennessee Rules of Civil Procedure 62 and 65A.

Advisory Commission Comment.

The circumstances in which a stay may be obtained pending appeal in civil actions are specified in Tennessee Rule of Civil Procedure 62. This rule simply specifies the procedure for seeking appellate review of decisions made under Rule 62. This rule should be construed in connection with Tennessee Rule of Civil Procedure 62.08, which expressly preserves the power of an appellate court to stay proceedings or to suspend relief or grant whatever additional or modified relief is deemed appropriate during the pendency of an appeal.

Nothing in this or any other of these rules governs the availability of stays in criminal actions. Release orders of the trial court may be reviewed as provided in Rule 8 of these rules.

Advisory Commission Comments [2004].

Termination of Parental Rights Proceedings. Rule 8A imposes special requirements governing the appeal of any termination of parental rights proceeding. In particular, Rule 8A(b) imposes a special provision regarding a stay or injunction pending appeal of such a proceeding.

2006 Advisory Commission Comment.

A third paragraph is added to Rule 7(a) to provide a procedure for the Supreme Court’s review of the Court of Appeals’ decision on a Rule 7 motion.

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