§ Rule 62 Stay of proceedings to enforce a judgment

Codes > Alabama Rules of Civil Procedure > VII Judgment > Rule 62

Rule 62. Stay of proceedings to enforce a judgment.

    (a) Automatic stay; exceptions. Except as stated herein or as otherwise provided by statute or by order of the court for good cause shown, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after 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.

    (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, amend, or vacate 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 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 interlocutory or final judgment has been rendered granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of an appeal from such judgment upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. The power of the court to make such an order is not terminated by the taking of the appeal.

    (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 or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.

    (e) Stay in favor of the State of Alabama or agency thereof. When an appeal is taken by the State of Alabama or an officer or agency thereof or by direction of any department of the government of the State of Alabama and the operation or enforcement of the judgment is stayed, no bond, obligation or other security shall be required from the appellant.

    (f) [Omitted.]

    (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 upon multiple claims or as to 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.

    (dc) District court rule. Rule 62 applies in the district courts except that (1) the references therein to injunctions and receivership actions are deleted, (2) the time period of thirty (30) days in Rule 62(a) is reduced to fourteen (14) days, (3) provisions of Rule 62(b) are modified so as to provide for an automatic stay of execution pending a ruling on any motion for a new trial or to alter or amend a judgment or for amendment to the findings or for additional findings, (4) Rule 62(c) does not apply in the district courts, and, (5) the provision for a supersedeas bond in Rule 62(d) is deleted and Rule 62(d) is modified so as to require only a bond for costs or affidavit of substantial hardship, approved by the court, in lieu of said bond.