Stay of Proceedings to Enforce a Judgment

When the stay of proceedings to enforce a judgment is used

Timing: after judgment. Enforcement comes after a money judgment is entered. It is how a winning party actually collects.

What the rule requires

• 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 (Rule 62(a)).
• At any time after judgment is entered, a party may obtain a stay by providing a bond or other security (Rule 62(b)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 62 online. Also, the federal judiciary publishes the current rules and recent amendments.

The stay of proceedings to enforce a judgment in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar stay of proceedings to enforce a judgment procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Bond: security posted with the court, such as for an injunction or to stay enforcement of a judgment.
• Stay: a court order pausing proceedings or the enforcement of a judgment.

Related procedures

Similarly, these procedures often come up alongside it:

• Writ of Execution (Enforcing a Money Judgment): the court process used to enforce a money judgment.
• Motion for a Stay Pending Appeal: a request to pause a judgment or order while an appeal is decided.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.