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§ RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

Codes > Rules of Civil Procedure for the Nevada District Courts > VII. Judgment > RULE 62.

RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

(a) Automatic Stay; Exceptions--Injunctions and Receiverships. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after service of written notice of its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

ADVISORY COMMITTEE'S NOTE

A new caption and rule, adapted from Utah, are substituted for the federal rule, and permit immediate execution, unless the court otherwise directs. This continues present practice, and it is necessary to request a temporary stay of execution if desired. A further stay pending a motion for new trial, or upon appeal, should be secured pursuant to subdivisions (b) or (d) of this rule.

(b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for a judgment as a matter of law made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).

(c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to delete the last sentence as it refers to three-judge federal courts.

(d) Stay Upon Appeal. When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is filed.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to delete technically inapplicable language, and the requirement that the bond be approved by the court. The bond is effective when filed, subject to objections thereto as provided for by Rule 73 (d).

(e) Stay in Favor of the State or Agency Thereof. When an appeal is taken by the State or by any county, city or town within the State, or an officer or agency thereof and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.

ADVISORY COMMITTEE'S NOTE

The federal caption and rule is revised to refer to the State, and to include any county, city or town within the State.

(f) Reserved.

(g) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

(h) Stay of Judgment as to Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

ADVISORY COMMITTEE'S NOTE

The 1964 amendment, adopting verbatim the 1961 federal rule amendment, is the corollary to the amendment of Rule 54(b) relating to multiple parties.