(a)Stay of circuit court order pending appeal. Any person desiring to present an appeal under Rule 5 may make an application for a stay of proceedings to the circuit court in which the judgment or order desired to be appealed was entered. Such application must be made by notice in writing to the opposite opposing party at any time after the entry of the judgment or order to be appealed. The circuit court shall grant such stay in a criminal case as provided by West Virginia Code § 62-7-1, and may grant a stay suspending the execution of a judgment or order, modifying, restoring, or granting an injunction, or staying the execution of a criminal sentence or fine beyond the time mandated by statute. Such stay shall be effective: (1) until the expiration of the time provided by law for presenting an appeal; and (2) any additional period after an appeal has been perfected pending final disposition of the appeal, unless sooner modified by such court, by the Intermediate Court, or by the Supreme Court.(b)Motion for stay of lower tribunal's order pending appeal. If the lower tribunal should refuse to grant a stay, or if the relief afforded is not acceptable, the applicant may move the appellate court with jurisdiction over the appeal, for a stay. The motion for stay shall show the reasons assigned by the lower tribunal for denying a stay or other relief, and further show the reasons for the relief requested and the grounds for the appeal. If the facts are subject to dispute, the motion shall be supported by affidavits or other sworn statements. Such parts of the record that are relevant shall be filed with the motion. Any party may file a response to a motion for stay within ten days of the filing of the motion for stay.(c)Bond. In civil cases the relief available in the circuit court, in the Intermediate Court, or the Supreme Court under this rule may be conditioned upon the filing of a bond or other appropriate security in the circuit court, in such amount and upon such conditions as the court granting the stay feels is proper for the protection of the adverse party. The provisions of West Virginia Code § 58-5-14, are applicable. Such bond shall be filed within such time as provided by the circuit court, the Intermediate Court, or the Supreme Court. Failure to execute such bond may be grounds for the dismissal of the appeal.(d)Bankruptcy stays-continuing status report. When any pending action in the Intermediate Court or the Supreme Court may be subject to an automatic stay pursuant to the provisions of the United States Bankruptcy Code, the affected party must file with the court wherein the action is pending a written notice of bankruptcy, and serve a copy on all other parties to the action, setting forth the circumstances and providing an estimate of the time period in which it may be necessary to stay the case. Any party to the case may respond to the notice of bankruptcy within ten days of receipt of the notice. Thereafter, the Intermediate Court or the Supreme Court will issue an order staying the case or directing other appropriate relief. Every six months during the pendency of the stay, counsel of record for the party who filed the notice of bankruptcy must file a continuing status report with the Clerk stating whether the ease pending actions is ripe for dismissal or lifting the automatic stay. Counsel for parties to the bankruptcy proceeding should provide counsel of record in the Intermediate Court or the Supreme Court with sufficient information in a timely fashion to permit counsel to complete the continuing status report. Any party to the pending action may file a response or objection to the continuing status report within ten days of receipt.(e)Stays in original jurisdiction matters. A party to an original jurisdiction proceeding wherein the Court has issued a stay, either by rule or by order, may file a motion to modify the stay in the Supreme Court if the lower tribunal has refused to grant a stay, or if the relief afforded is not acceptable. The motion shall show the reasons assigned by the lower tribunal for denying a stay or other relief, and further show the reasons for the relief requested. If the facts are subject to dispute, the motion shall be supported by affidavits or other sworn statements. Such parts of the record that are relevant shall be filed with the motion. Any party may file a response to a motion for stay within ten days of the filing of the motion for stay. Where the Supreme Court has issued a stay, either by rule or by order, a party to the original jurisdiction proceeding may file a motion to modify the stay. The motion shall set forth the specific reasons for the modification. Any other party to the case may file a response to the motion within ten days of receipt. Thereafter, the Supreme Court will issue an order denying the motion, issue an order modifying the stay, or issue an otherwise appropriate order.(f)Abeyance of consideration. A party to a pending case may request that the Intermediate Court or the Supreme Court hold its consideration of a case in abeyance by filing a motion. A motion to hold a case in abeyance must set forth the specific circumstances supporting the request, the duration of time in which the case should be held in abeyance, and whether the opposing parties to the case consent to the request. Any party who does not consent to the request may file a response to the motion within ten days of the date the motion was filed. No deadline set forth in these rules is tolled until such time as the Intermediate Court or the Supreme Court issues an order granting a motion to hold a case in abeyance. Cases held in abeyance will be placed on the inactive docket, and counsel of record must file a status report with the Clerk every six weeks. Upon termination of the abeyance as set forth in the order granting the motion, or at such other time as provided by order, the case will be placed on the active docket for consideration.Amended June 15, 2022, effective 7/1/2022.