Rule 12-207. Supersedeas and stay in civil matters.

A. Appellate court review. At any time after a notice of appeal has been filed and the docket fee paid, the appellate court may, upon motion and notice, review any action of, or any failure or refusal to act by, the district court dealing with supersedeas or stay, irrespective of whether a docketing statement or statement of the issues has been filed. B. Application or motion for relief. Application for a stay of the judgment or order of a district court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting an injunction during the pendency of an appeal must be made in the first instance in the district court. A motion for review of the district court's action may be made to the appellate court, but the motion shall show that the district court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the district 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 or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant. Notice of the motion shall be given to all parties. C. Filing of the motion. A motion for review of a supersedeas or stay shall be filed with the appellate court clerk. D. Standard of review. The decision of the district court shall be set aside only if it is shown that the decision: (1) is arbitrary, capricious or reflects an abuse of discretion; (2) is not supported by substantial evidence; or (3) is otherwise not in accordance with law. E. Additional time to file supersedeas bond. If the appellate court modifies the terms, conditions or amount of a supersedeas bond or if it determines that the district court should have allowed supersedeas and failed to do so on proper terms and conditions, it shall enter an appropriate order and it may grant additional time, not to exceed fifteen (15) days from the date of such order, within which to file in the district court a supersedeas bond complying with the standards prescribed in such order. Upon the entry of such order, the appellate court clerk shall give prompt notice thereof to the district court clerk.