Rule 62 Stay of Proceedings to Enforce a Judgment

Automatic Stay; Exceptions for Injunctions and Receiverships. Except as stated in Rule 62, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 14 days have passed after its entry. But unless the court orders otherwise, the following are not stayed after being entered, even if an appeal is taken:

(1) an interlocutory or final judgment in an action for an injunction or a receivership.

(2) [Reserved]

Stay Pending the Disposition of a Motion. On appropriate terms for the opposing party’s security, the court may stay the execution of a judgment—or any proceedings to enforce it pending disposition of any of the following motions:

(1) under Rule 50, for judgment as a matter of law;

(2) under Rule 52(b), to amend the findings or for additional findings;

(3) under Rule 59, for a new trial or to alter or amend a judgment; or

(4) under Rule 60, for relief from a judgment or order.

Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves, or denies an injunction, the court may suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing party’s rights.

Stay with Bond on Appeal.

If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(1). The bond may be given upon or after filing the notice of appeal or after obtaining the order allowing the appeal. The stay takes effect when the court approves the bond. Unless the court finds that justice requires otherwise, a supersedeas bond staying execution of a money judgment must be in the amount of the judgment plus 10% of the amount to cover interest and any award of damages for delay plus $250 to cover costs.

Stay Without Bond on an Appeal by the Commonwealth, its Officers, or its Agencies. The court must not require a bond, obligation, or other security from the appellant when granting a stay on an appeal by the Commonwealth, its officers, or its agencies or on an appeal directed by a government agency of the Commonwealth. [Reserved]

Supreme Court’s Power Not Limited. Rule 62 does not limit the power of the Supreme Court or one of its justices:

(1) to stay proceedings—or suspend, modify, restore, or grant an injunction—while an appeal is pending; or

(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.

Stay with Multiple Claims or Parties. A court may stay the enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.