5th Cir. R. 8.7 — Vacating Stays

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 8.7 — Vacating Stays: 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

The panel assigned to an appeal must consider the merits before vacating a stay of execution, unless the panel rules the appeal is frivolous and entirely without merit.

Source of truth

The panel assigned to an appeal must consider the merits before vacating a stay of execution, unless the panel rules the appeal is frivolous and entirely without merit.

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

Related rules

Local RulesDuval County

Duval County Local Rules Implementing S.B. 7 (Texas Fair Defense Act) — Order Amending Local Rules of the District/County Court of Duval County, amended July 11, 2022

Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.

High confidence· verified September 10, 2026Order Amending Local Rules Implementing S.B. 7 (Texas Fair Defense Act, Acts 2001, 77th Leg., ch. 906), District/County Court of Duval County, Texas, Rules 1-9 and the compensation attachment, amended and effective July 11, 2022, approved August 2022 and signed by Baldemar Garza, District Judge, 229th Judicial District Court, and E.B. Garcia, County Judge, Duval County; file-stamped by the Duval County Clerk August 8, 2022; TOPICs registration 2817 (Duval County, registered 02/12/2026).

Local RulesStarr County

Starr County Local Rules for the Judicial District Courts (229th and 381st District Courts, applying in part to the County Court at Law; approved May 31, 2018; approved and recommended to the Supreme Court by the Fifth Region's Presiding Judge August 9, 2018)

The 23 local rules of the Starr County district courts: definitions and the election of the Local Administrative District Judge (last Friday in January of odd years; two-year term from February 1); random, equal assignment of district cases and the County Court at Law's share (family cases, civil cases pleading $100,000 or less, misdemeanors); the case-numbering format effective January 1, 2019 (year, CV/CR/CRS/FM/TAX, five digits; CRS for the 229th, CR for the 381st); notice of visiting-judge assignments; electronically transmitted pleadings (cover sheet, seven-day fee window, returns of service and bonds on paper, one-hour clerk handling of child-protection filings); transfer of related civil cases to the earlier court and SAPCR transfer to the divorce court; pre-trial settings through the Court Coordinator; District Clerk duties and I-Docket access; severance; temporary, emergency and ex parte orders; uncontested matters first; assignment of related prosecutions and superseding-indictment numbering (S1, S2); the protocol for trial priority (jury over non-jury, criminal over civil, jailed defendants first, oldest case first, special settings by written reasons, duties of counsel with conflicting settings); court staff; jury impaneling; the ad litem/guardian ad litem/amicus appointment rotation, duties, vouchers within thirty days and objections within thirty days; and courtroom decorum and attire.

High confidence· verified September 10, 2026Starr County Local Rules for the Judicial District Courts, Rules 1-23, approved May 31, 2018 by Jose Luis Garza, Presiding Judge, 381st Judicial District, and as Acting and Presiding by Assignment, 229th Judicial District; approved and recommended to the Supreme Court of Texas by Missy Medary, Presiding Judge, Fifth Administrative Judicial Region, Order No. 18-5AJR-314 (August 9, 2018); TOPICs registration 1986 (Starr County, registered 06/14/2024).

Local RulesJim Wells County

Local Rules for the Jim Wells County Court at Law — effective January 1, 2023

The Jim Wells County Court at Law's rules: ad litem, guardian ad litem and amicus appointment lists, qualifications, duties, flat-fee ($275) and hourly ($75–$125) compensation, voucher deadlines and fee objections; rules of administration with the 79th District Court (family-code cases and civil cases between $500 and $250,000 assigned to the County Court at Law); remote non-jury proceedings by Zoom with e-mailed setting requests, Dropbox exhibits and YouTube broadcast; settings, proposed orders, exhibits and courtroom decorum.

High confidence· verified September 10, 2026Local Rules for the Jim Wells County Court at Law, signed 1/9/2023 by Michael V. Garcia, Judge Presiding, to be effective January 1, 2023 (file-stamped January 9, 2023); TOPICs registration 1101 (Jim Wells County, Local Rules, County; Court at Law, 01/27/2023).

Local RulesJim Wells County

Jim Wells County Court at Law — Local Rules (Standing Order) in Suits for Divorce and Suits Affecting the Parent-Child Relationship — January 9, 2023

The standing order attached to every divorce and SAPCR petition in the Jim Wells County Court at Law: no disruption of children, conduct of the parties, preservation of property and funds, records, insurance, specific authorizations, a sworn inventory exchanged within 60 days of the respondent's appearance and no later than 30 days before final trial (with a certificate of compliance), service with the petition and 14-day TRO/temporary-injunction effect, protective-order precedence, an informal settlement conference at least 7 days before the final hearing, parent education for divorcing parents, and bond waiver.

High confidence· verified September 10, 2026Local Rules in Suits for Divorce and Suits Affecting the Parent-Child Relationship for the Jim Wells County Court at Law, dated 1/9/2023, Michael V. Garcia, Judge Presiding (file-stamped January 9, 2023); TOPICs registration 1100 (Jim Wells County, Local Rules, County; Court at Law, 01/27/2023).