Rule 62 — Stay of Proceedings to Enforce a Judgment

Fed. R. Civ. P. 62

• Source: Federal Rules of Civil Procedure
• Rule: 62
• TITLE VII: JUDGMENT
• Citation: Fed. R. Civ. P. 62

Text

(a) AUTOMATIC STAY. Except as provided in Rule 62(c) and (d),
execution on a judgment and proceedings to enforce it are stayed
for 30 days after its entry, unless the court orders otherwise.
(b) STAY BY BOND OR OTHER SECURITY. At any time after judg-
ment is entered, a party may obtain a stay by providing a bond
or other security. The stay takes effect when the court approves
the bond or other security and remains in effect for the time spec-
ified in the bond or other security.
(c) STAY OF AN INJUNCTION, RECEIVERSHIP, OR PATENT ACCOUNT-
ING ORDER. 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 in-
junction or receivership; or
(2) a judgment or order that directs an accounting in an ac-
tion for patent infringement.
(d) INJUNCTION PENDING AN APPEAL. While an appeal is pending
from an interlocutory order or final judgment that grants, con-
tinues, modifies, refuses, dissolves, or refuses to dissolve or mod-
ify an injunction, the court may suspend, modify, restore, or grant
an injunction on terms for bond or other terms that secure the op-
posing party’s rights. If the judgment appealed from is rendered
by a statutory three-judge district court, the order must be made
either:
(1) by that court sitting in open session; or
(2) by the assent of all its judges, as evidenced by their sig-
natures.
(e) STAY WITHOUT BOND ON AN APPEAL BY THE UNITED STATES,
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 United States, its officers, or its agencies
or on an appeal directed by a department of the federal govern-
ment.
(f) STAY IN FAVOR OF A JUDGMENT DEBTOR UNDER STATE LAW. If
a judgment is a lien on the judgment debtor’s property under the
law of the state where the court is located, the judgment debtor
Rule 62.1 FEDERAL RULES OF CIVIL PROCEDURE 86
is entitled to the same stay of execution the state court would
give.
(g) APPELLATE COURT’S POWER NOT LIMITED. This rule does not
limit the power of the appellate court or one of its judges or jus-
tices:
(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 effec-
tiveness of the judgment to be entered.
(h) 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.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2018, eff. Dec. 1, 2018.)