List facts for a stay of federal agency action pending review
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List what the decision requires the client to do, and the facts the file gives about harm if it takes effect. Do not write the stay application.
- What the lawyer must review
- 5 USC 705: when an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including a court on appeal or on application for certiorari or other writ, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. Filing for review does not itself postpone the action. 5 USC 702 is the judicial-review sentence this stay sits in, including its preservation of other limitations on review. The lawyer writes any application and decides the conditions.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.