Expedited proceedings in covered actions
Read this section in the full bill →
This section appears in one version only, so there is nothing to compare yet.
(a) Trial court priority In any covered action pending in a United States district court, the court shall accord the proceeding priority on its docket over other civil matters and shall— (1) give priority consideration to any motion for temporary restraining order and endeavor to issue a ruling at the earliest practicable date, and in no event later than 10 days of filing; (2) give priority consideration to any motion for preliminary injunctive relief and endeavor to issue a ruling within 30 days of filing; (3) give priority to establishing a scheduling order and endeavor to do so within 30 days of removal or initial filing, providing for completion of all discovery and briefing within 12 months; and (4) endeavor to conduct any trial or final hearing within 18 months of the date of removal or initial filing. (b) Appellate expedited review In any covered action, the court of appeals having appellate jurisdiction shall— (1) give priority consideration to any appeal of an order granting or denying preliminary injunctive relief and endeavor to issue a decision within 30 days of the filing of the notice of appeal; (2) give priority consideration to any appeal of a final judgment in a covered action and endeavor to issue a final decision within 180 days of the filing of the notice of appeal; and (3) give priority to covered actions on its docket over other civil matters. (c) Stay standard No court of the United States and no State court may stay proceedings in a covered action, or stay any order denying preliminary injunctive relief against certified infrastructure, except upon a finding by clear and convincing evidence that the party seeking the stay is substantially likely to prevail on the merits and that the stay would not impair military readiness or defense-related logistical support. A stay of proceedings shall not stay the obligation of any court to accord priority to a covered action under this section. (d) Applicability The requirements of this section apply to all covered actions in all Federal courts and to all removed State civil actions pending in Federal court.