VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 8. Bond and Stay or Injunction Pending Appeal in Civil Case; Release Pending Appeal in Criminal Case

• Jurisdiction: United States

Rule 8. Bond and Stay or Injunction Pending Appeal in Civil Case; Release Pending Appeal in Criminal Case

(a) Bond or Other Security in Civil Case. The Superior Court may require an appellant in a civil case to file a bond or provide other security in such form and amount as it finds necessary to ensure payment of costs on appeal, including attorney's fees, pursuant to the applicable Rules of the Superior Court. In the event the Superior Court chooses to require a cost bond, the Clerk of the Superior Court shall immediately notify the Clerk of the Supreme Court that a bond requirement has been set and when the bond has been paid.

(b) Requests for a Stay of Judgment or Order of Superior Court in Civil Case. Requests for a stay of the judgment or order of the Superior Court pending appeal, for approval of a super-sedeas bond, or for an order suspending, modifying, restoring, or granting an injunction during the pendency of an appeal in a civil case must ordinarily be made in the first instance to the Superior Court. When a matter is before the Superior Court, its rules respecting time periods, practices, and procedures apply. A motion for such relief may be made to the Supreme Court, but the motion shall show that application to the Superior Court for the relief sought is not practicable, or that the Superior Court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the Superior Court for its action. The motion shall also show the reasons for the relief requested and the facts relied upon, and, if the facts are subject to dispute, the motion shall be supported by affidavits, other sworn statements or copies thereof, and documentation demonstrating ownership, liens or other encumbrances, and availability of resources offered as security. With the motion shall be filed such parts of the...