NRCP

NRCP 62 – STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

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.
    [As amended; effective January 1, 2005.]

    (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).
    [As amended; effective January 1, 2005.]

    (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.

    (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.
    [As amended; effective January 1, 2005.]

    (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.

    (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.
    [As amended; effective March 16, 1964.]

  • Drafter’s Note

    2004 Amendment

    Subdivision (a) is amended to adopt the federal rule, which provides for an automatic stay of execution upon or enforcement of a judgment except in an action for an injunction or in a receivership action. But the Nevada rule provides for a stay until 10 days after service of written notice of entry of the judgment whereas the federal rule provides for a stay until 10 days after entry of the judgment.

    Subdivision (b) is amended to conform to the change in diction set forth in revised Rule 50(a).

    Subdivision (d) is amended to add the exceptions for injunctions and receiverships consistent with the amendments to subdivision (a). The provision retains the Nevada rule that a stay upon appeal is effective when the supersedeas bond is filed in lieu of the federal provision that the stay is effective when the court approves the supersedeas bond.