Form 20A:12 Motion for Emergency Stay

{STYLE OF THE CASE IN THE APPELLATE COURTS - FORM 11C:2 OR 11C:4}

RELATOR'S MOTION FOR EMERGENCY STAY

Relator asks the Court for an emergency stay.

A. Introduction

1. Relator is {name}; real party in interest is {name}; respondent is {name}.

{CHOOSE APPROPRIATE PARAGRAPH 2}

2. Relator files {his/her/its} petition for writ of {mandamus/injunction/prohibition} concurrently with this motion for emergency relief.

2. Relator filed {his/her/its} petition for writ of {mandamus/injunction/prohibition} on {date}.

3. Relator attaches a certificate of compliance certifying that on {date}, {he/ she/it} {notified/made a diligent effort to notify} respondent and real party in interest by {identify expedited means of notification, e.g., telephone, fax} that a motion for temporary relief would be filed. Tex. R. App. P. 52.10(a).

4. {State facts that support the request for emergency relief.}

{ADD PARAGRAPH 5 IF AGREED}

5. The parties have agreed to this motion.

B. Argument & Authorities

6. The Court may grant temporary relief pending its determination of an original proceeding. Tex. R. App. P. 52.10(b).

7. This emergency stay is necessary to maintain the status quo of the parties and to preserve the Court's jurisdiction to consider the merits of the original proceeding. In re Reed, 901 S.W.2d 604, 609 (Tex. App.-San Antonio 1995, orig. proceeding). {Elaborate.}

8. Relator attaches an affidavit 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

9. {Briefly summarize the motion.}

D. Prayer

10. For the reasons stated in this motion, relator asks the Court for an emergency stay to maintain the status quo of the parties and preserve the Court's jurisdiction to consider the merits of relator's original proceeding.