2.05.260 [Rule 24] Stay of Execution

(a) Filing Requirements

The appellant may file with the Tribal Court or administrative agency a motion for a stay of execution of its judgment or order, at the time the Notice of Appeal is filed, or at any time after. If the Court or administrative agency denies the motion, it shall set forth its reasons in writing.

(b) Bond

A stay may be required upon appeal bond or otherwise as the Tribal Court or administrative agency may require.

(c) Documents Forwarded

All original documents, orders, and other papers filed in the Tribal Court or administrative agency relating to the stay of execution shall be included in the case file and forwarded to the Appellate Court on appeal.

(d) Motion for Stay Denied

If the Tribal Court or administrative agency denies the motion for stay, a petition for a stay may be filed with the Appellate Court, which may grant the stay as provided in subsection (b) above. The Order of the Tribal Court or administrative agency denying the stay shall be attached to the petition to the Appellate Court for such a stay. If the Tribal Court or administrative agency grants the stay, the order of the stay shall be added to the Notice of Appeal filed with the Clerk of the Appellate Court. The Clerk of the Tribal Court of administrative agency shall retain a copy of the order granting or denying the stay.