Form 20A:14 Response to Motion for Emergency Stay

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

{PARTY}'S RESPONSE TO

RELATOR'S MOTION FOR EMERGENCY STAY

{Party} asks the Court to deny relator's motion for emergency stay.

A. Introduction

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

B. Argument & Authorities

2. Although the Court may grant temporary relief pending its determination of an original proceeding under the authority of Texas Rule of Appellate Procedure 52.10(b), the court should not do so in this case.

{ADD PARAGRAPH 3 IF APPLICABLE}

3. Relator did not file a certificate of compliance certifying that {he/she/it} {notified/made a diligent effort to notify} all parties by any expedited means that a motion for temporary relief would be filed. Tex. R. App. P. 52.10(a). Thus, temporary relief cannot be granted until relator files the certificate of compliance. Id.

4. This emergency stay is not necessary to maintain the status quo of the parties or 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.}

5. The Court should refuse to issue a stay because {explain how party or others will be harmed by the temporary relief}.

6. In the alternative, as a condition of granting relator's motion, the Court should require relator to post a bond in the amount of ${amount} to protect the parties affected by the temporary relief. Tex. R. App. P. 52.10(b). This amount of security adequately protects the affected parties because {explain}.

{ADD PARAGRAPH 7 IF NECESSARY}

7. {Party} 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 response. Tex. R. App. P. 10.2.

C. Conclusion

8. {Briefly summarize the response.}

D. Prayer

9. For these reasons, {party} asks the Court to deny relator's motion for an emergency stay. In the alternative, {party} asks the Court to require relator to post a bond in the amount of ${amount} as a condition of granting the motion for emergency stay.