{"id":4402,"date":"2017-08-10T03:09:06","date_gmt":"2017-08-10T03:09:06","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4402"},"modified":"2017-08-13T21:49:15","modified_gmt":"2017-08-13T21:49:15","slug":"rule-62-stay-of-proceedings-to-enforce-a-judgment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4402","title":{"rendered":"Rule 62 \u2013 Stay of Proceedings to Enforce a Judgment"},"content":{"rendered":"

(a)\u00a0Automatic Stay; Exceptions for Injunctions, Receiverships, and Patent Accountings<\/strong>.\u00a0Except as stated in this rule, 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:<\/span><\/p>\n

(1) an interlocutory or final judgment in an action for an injunction or a receivership; or<\/span><\/p>\n

(2) a judgment or order that directs an accounting in an action for patent infringement.<\/span><\/p>\n

(b)\u00a0Stay Pending the Disposition of a Motion<\/strong>.\u00a0On appropriate terms for the opposing party\u2019s security, the court may stay the execution of a judgment\u2014or any proceedings to enforce it\u2014pending disposition of any of the following motions:<\/span><\/p>\n

(1) under\u00a0Rule 50<\/a>, for judgment as a matter of law;<\/span><\/p>\n

(2) under\u00a0Rule 52(b)<\/a>, to amend the findings or for additional findings;<\/span><\/p>\n

(3) under\u00a0Rule 59<\/a>, for a new trial or to alter or amend a judgment; or<\/span><\/p>\n

(4) under\u00a0Rule 60<\/a>, for relief from a judgment or order.<\/span><\/p>\n

(c)\u00a0Injunction Pending an Appeal<\/strong>.\u00a0While 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\u2019s rights. If the judgment appealed from is rendered by a statutory three-judge district court, the order must be made either:<\/span><\/p>\n

(1) by that court sitting in open session; or<\/span><\/p>\n

(2) by the assent of all its judges, as evidenced by their signatures.<\/span><\/p>\n

(d)\u00a0Stay with Bond on Appeal<\/strong>.\u00a0If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in\u00a0Rule 62(a)(1)\u00a0or (2). 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.<\/span><\/p>\n

(e)\u00a0Stay Without Bond on an Appeal by the United States, Its Officers, or Its Agencies<\/strong>.\u00a0The court must not require a bond, obligation, or other security from the appellant when granting a stay on an appeal by the United States, its officers, or its agencies or on an appeal directed by a department of the federal government.<\/span><\/p>\n

(f)\u00a0Stay in Favor of a Judgment Debtor Under State Law<\/strong>.\u00a0If a judgment is a lien on the judgment debtor\u2019s property under the law of the state where the court is located, the judgment debtor is entitled to the same stay of execution the state court would give.<\/span><\/p>\n

(g)\u00a0Appellate Court\u2019s Power Not Limited<\/strong>.\u00a0This rule does not limit the power of the appellate court or one of its judges or justices:<\/span><\/p>\n

(1) to stay proceedings\u2014or suspend, modify, restore, or grant an injunction\u2014while an appeal is pending; or<\/span><\/p>\n

(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.<\/span><\/p>\n

(h)\u00a0Stay with Multiple Claims or Parties<\/strong>.\u00a0A court may stay the enforcement of a final judgment entered under\u00a0Rule 54(b)<\/a>\u00a0until 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.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0Automatic Stay; Exceptions for Injunctions, Receiverships, and Patent Accountings.\u00a0Except as stated in this rule, 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 … Continue reading Rule 62 \u2013 Stay of Proceedings to Enforce a Judgment<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5025,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4402","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4402","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4402"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4402\/revisions"}],"predecessor-version":[{"id":5036,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4402\/revisions\/5036"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5025"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4402"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}