5th Cir. R. 8.6 — Consideration of Merits

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 8.6 — Consideration of Merits: the court's own rule, verbatim from RULES and INTERNAL OPERATING PROCEDURES OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (December 2025), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Fifth Circuit alongside the Federal Rules of Appellate Procedure.

Requirement

If a certificate of appealability has been granted, the panel assigned to decide a motion for a stay of a state court judgment must, before denying a stay, consider and expressly rule on the merits of the appeal, unless the panel finds that the appeal is frivolous and entirely without merit.

Source of truth

If a certificate of appealability has been granted, the panel assigned to decide a motion for a stay of a state court judgment must, before denying a stay, consider and expressly rule on the merits of the appeal, unless the panel finds that the appeal is frivolous and entirely wi

Official source: U.S. Court of Appeals — Fifth Circuit (Rules & Procedures)
Source health: Healthy · checked October 4, 2026
Effective date: —
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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