American Samoa Veterans Association v American Samoa Government [2012] ASHC 13; AP 08-11 (12 April 2012)

OPINIONS

OF THE

APPELLATE DIVISION

OF THE

HIGH COURT OF AMERICAN SAMOA

(2011-2012)

AMERICAN SAMOA VETERANS ASSOCIATION,
Appellant,

v.

AMERICAN SAMOA GOVERNMENT,
Appellee.

___________________________________
High Court of American Samoa
Appellate Division

AP No. 08-11

April 12, 2012

[1] Pursuant to A.C.R. 8, a motion for a stay of the Trial Division’s judgment or order “...may be made to and considered by a single justice of the appellate division.” In addition, A.C.R. 27(c) empowers a single justice of the Appellate Division to entertain and grant or deny any request for relief properly sought by motion, “except that a single justice...may not dismiss or otherwise determine an appeal....” Thus, a motion for a stay can properly be heard before a single justice, as the granting of a stay does not dismiss or determine an appeal, and A.C.R. 8 specifically allows a single justice to hear and decide a motion for a stay.

[2] Pending the hearing and determination of an appeal, execution of the High Court’s final judgment or order shall not be stayed unless the Appellate Division orders a stay for cause shown. A.S.C.A. §43.0803. The court’s discretion to grant a stay should be exercised only if cause is shown. A court should not automatically or casually grant a stay of judgment pending appeal. The moving party bears the burden of showing cause as to why a judgment should be stayed.

[3] To show cause in a motion for stay pending appeal, a moving party has the burden to produce evidence and pinpoint which portions of the record come to bear on the court’s decision-making process in the granting of a stay. Indeed, the movant is required to “show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant.” A.C.R. 8.

[4] A party moving for a motion for stay pending appeal does not meet its show-cause burden when it files only: (1) a motion that generalizes and abstains from pinpointing or citing relevant portions of the record that would assist the court in its stay-analysis; and (2) a lone, conclusory affidavit devoid of factual details.

[5] The party moving for a stay pending appeal who presents a single, conclusory affidavit, without sworn statements, or portions of the record as are relevant has woefully failed in its burden to show cause. The court will not scour the record for the moving party’s benefit; it the movant’s burden to do so.