§ RULE 2.614 STAY OF PROCEEDINGS TO ENFORCE JUDGMENT

RULE 2.614 STAY OF PROCEEDINGS TO ENFORCE JUDGMENT

(A) Automatic Stay; Exceptions: Injunctions, Receiverships, and Family Litigation.

(1) Except as provided in this rule, execution may not issue on a judgment and proceedings may not be taken for its enforcement until the expiration of 21 days after its entry. If a motion for a new trial, a motion for rehearing or reconsideration, or a motion for other relief from judgment is filed and served within 21 days after entry of the judgment or within further time the trial court has allowed for good cause during that 21-day period, execution may not issue on the judgment and proceedings may not be taken for its enforcement until the expiration of 21 days after the entry of the order deciding the motion, unless otherwise ordered by the court on motion for good cause. Nothing in this rule prohibits the court from enjoining the transfer or disposition of property during the 21-day period.

(2) The following orders may be enforced immediately after entry unless the court orders otherwise on motion for good cause:

(a) A temporary restraining order.

(b) A preliminary injunction.

(d) An interlocutory order in a receivership action.

(e) In a domestic relations action, an order before judgment concerning the custody, control, and management of property; for temporary alimony; or for support or custody of minor children and expenses.

(3) Subrule (C) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

(B) Stay on Motion for Relief From Judgment. In its discretion and on proper conditions for the security of the adverse party, the court may stay the execution of, or proceedings to enforce, a judgment pending the disposition of a motion for relief from a judgment or order under MCR 2.612.

(C) Injunction Pending Appeal. If an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court may suspend, modify, restore, or grant an injunction during the pendency of the appeal on terms as to bond or otherwise that are proper for the security of the adverse party's rights.

(D) Stay on Appeal. Stay on appeal is governed by MCR 7.101(H), 7.209, and 7.302(G). If a party appeals a trial court's denial of the party's claim of governmental immunity, the party's appeal operates as an automatic stay of any and all proceedings in the case until the issue of the party's status is finally decided.

(E) Stay in Favor of Governmental Party. In an action or proceeding in which the state, an authorized state officer, a corporate body in charge of a state institution, or a municipal corporation, is a party, bond may not be required of that party as a prerequisite to taking an appeal or making an order staying proceedings.

(F) Power of Appellate Court Not Limited. This rule does not limit the power of the Court of Appeals or the Supreme Court to

(1) stay proceedings during the pendency of an appeal before them;

(2) suspend, modify, restore, or grant an injunction during the pendency of the appeal; or

(3) enter an order appropriate to preserve the status quo or effectiveness of the judgment to be entered.

(G) Stay of Judgment on 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 MCR 2.604(B), the court may

(1) stay enforcement of the judgment until the entry of a later judgment or judgments, and

(2) prescribe conditions necessary to secure the benefit of the judgment to the party in whose favor it was entered.