§ Rule 62 Stay of proceedings

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Rule 62. Stay of proceedings

    (a) Stay of Proceedings to Enforce a Judgment--Stay Upon Entry of Judgment. Execution or other proceedings to enforce a judgment may issue immediately upon the entry of judgment, unless the court in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs. Unless otherwise ordered by the court an interlocutory or final judgment in an action for an injunction or writ of mandate, or in a receivership action, shall not be stayed during the period after its entry and until the 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 or writ of mandate during the pendency of an appeal.

    (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 directed verdict 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--Writ of Mandate Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction or writ of mandate, the court in its discretion may suspend, modify, restore, or grant an injunction or writ of mandate 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.

    (d) Stay Upon Appeal. When an appeal is taken from the district court to the Supreme Court, the proceedings in the district court upon the judgment or order appealed from shall be stayed as provided by the Idaho Appellate Rules (I.A.R.).

    (e) Stay in Favor of the State, Subdivision, or Agency Thereof--Waiver. When an appeal is taken by the State of Idaho or an officer or agency or governmental subdivision thereof, and the operation or enforcement of the judgment is stayed, no security shall be required from the appellant. In all cases, the parties may by written stipulation waive the filing of security.

    (f) Powers of Supreme Court and District Court Not Limited. The provisions in this rule do not limit any power of the Supreme Court or a district court acting in its appellate capacity or the judge 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.

    (g) Stay of Judgment Upon Multiple Claims. When a court has ordered a final judgment on some but not all of the claims presented in the action 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.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.