Form 18I:3 Motion to Stay the Mandate

{STYLE OF THE CASE IN THE SUPREME COURT - FORM 11C:3}

{PARTY}'S MOTION TO STAY THE MANDATE

{Party} asks the Court to stay the issuance of its mandate to the trial court pending disposition by the United States Supreme Court of the petition for writ of certiorari.

A. Introduction

1. Petitioner is {name}; respondent is {name}.

{ADD PARAGRAPH 2 IF AGREED}

2. The parties have agreed to this motion.

B. Argument & Authorities

3. The Court has the authority to stay the issuance of its mandate. Tex. R. App. P. 18.2.

4. The Court rendered its judgment in this case on {date}, {reversing/affirming/modifying/vacating/remanding} the judgment of the court of appeals.

{CHOOSE APPROPRIATE PARAGRAPH 5}

5. Neither party filed a motion for rehearing.

5. The Court overruled {petitioner/respondent}'s motion for rehearing on {date}.

5. This Court's judgment became final on {date}.

6. The Court's mandate is due to be issued on {date}.

7. On {date}, {party} filed a petition for writ of certiorari in the United States Supreme Court. The grounds stated in the petition are as follows: {identify the grounds stated in the petition}.

8. {Party} asks the Court to stay its mandate because {state the circumstances that require a stay of the mandate}.

9. If the Court does not grant the stay of the mandate, and the mandate issues, it will cause a serious hardship for {party} because {explain hardship}. {Elaborate.}

{ADD PARAGRAPH 10 IF NECESSARY}

10. {Party} attaches an affidavit to this motion to establish facts that are not included in the appellate record, are not known to the Court in its official capacity, and are not within the personal knowledge of the attorney signing this motion. Tex. R. App. P. 10.2.

C. Conclusion

11. {Briefly summarize the motion.}

D. Prayer

12. For these reasons, {party} asks the Court to grant this motion and stay its mandate.