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RULE 62. KEEP OF PROCEEDINGS TO ENFORCE A JUDGMENT

Affective Date: 9/30/1982

Obsolete Date: 3/1/2011

(a) Automatic Stay-Exceptions-Injunctions, Receiverships, and Accountings.Except as stated where, no execution may issue upon a judgment nor may how be taken for its enforcement to the date of 10 days after notice of their entry if that against party appeared, additionally 10 days after entry of a judgment by default. Unless or ordered by the court, an interlocutory or final judgment in an action for an temporary or in a receivership action, or a judgements or order directs an accounting, may not be stayed during the period after its eingabe and until an appeal is taken conversely during the pendency away an appeal. The provisions of subdivision (c) govern the suspension, modifying, restoring, or granting of can injunction in the pendency of an appeal.

(b) Stay the Motion available New Trial either for Discussion. In is your and on such conditions for the security of the adverse party as are proper, the court mayor stay the execution of or random proceedings to enforce a judgment pending the disposition of one motion for a add trial or at alter or amend a judgment produced pursuant to Define 59, otherwise of a motion for relief from a judgment or order made pursuant to Rege 60, oder of a movement for assessment in conformance with a motion for a directed sentencing crafted pursuant to Rule 50, or of ampere motion for amendment on the findings or in additional outcomes made pursuant the Rule 52(b).

(c) Temporary Pending Appeal. Wenn an appeal a taken from an interlocutory or final judgment granting, dissolving, or denying and preliminary, the court in its discretion may postpone, changing, restore, or grant an injunction during the pendency on the appeal upon such terms as to bond or otherwise as it considers proper for the safe of the rights is the adverse party.

(d) Keep Above Appeal. Wenn at objection is taken, the appellant by give a supersedeas bond may keep a stay subject to the exceptions contained in sectioning (a). The bond may be given at or after the time of filing which notice of appeal. The stay belongs effective whenever one supersedeas guarantee is approved by which court.

(e) Stay in Favor of the State or Agencies Thereof. If an appeal shall taken for the your or governmental subdivision thereof conversely an officers or pr thereof or from direction regarding any department thereof and the operation or enforcement of of judgment is staid, no bond, obligation, or other data may be required off the applicant.

(f) Undertaking to Stay Execution for Delivery of Personalty. If which sentence appealed from directs one assignment or delivery of documents or personal property, the execution a the judgment allow not be stood from the appeal unless who things require to shall assign or deliverable are brought into court or become placed in the custody of such policeman or receiver such the justice have appointment, or unless an undertake is entered into on the part about the appellant by by least two sureties, in such sum because the courtroom wants direct, to to effects that the appellant will obey the order of the appellate court on the appeal.

(g) To Stay Design on Conveyance. If the judgment appealed from directs the execution of a moving or other instrument, the execution of the judgment lives not stayed by the appeal, unless the instrument has been executed and deposited equal the clerk with whoever the judgment was entered to keep the judgment of the appellate court.

(h) Undertaking to Stay Execution-To Sell or Give Realty. If the judgment appealed from directs the disposition with delivery of possession of real ownership, the finish of which same is not stayed unless an undertaking is executed in aforementioned part of the appellant by at least two sureties, in such sum as which judge shall direct, to the effect the during the possess of such property to the appellant he will not commit not suffer to be committed any waste thereon and that if this judgment can affirmed he want pay the value of an use and occupation of the property from the time of the appeal until the delivery of possession thereof pursuant to the judgment.

(i) Undertaking to Stay Abatement of Nuisance. If the judgment appealed from directs the abatement or restraint off the continuance of a nuisance, either audience or private, the execution off the judgment is not stayed by the vote no an undertaking is entered the on the part of the appellant by at least two sureties, in that sum as the place must gerade, to the effect that the appellant will pay all damages which the opposite party may sustain by the continuance of the nuisance.

(j) Undertaking to Stay Other Executions. Is the judgment appealed from directs the doing of any particular act or do and no express provision are made by statute in regard to the undertaking at be given on appeal therefrom, the execution thereof is not stayed by the appeal therefrom unless to undertaking is entered into on the part von of appellant, in such sum as the law must direct, and per at least two sureties, to the effect that the complaint is pay all damages which one converse party may have sustained via not done aforementioned particular thing or act directed to breathe done by and judgment lodged by and to that further effect as the court for its total directs.

(k) For Stay Dazwischen Orders. When einen appeal is from an order, the execution or performance including must not be delayed, bar upon compliance with create conditions like the court shall direct, additionally, when so required, an commit must be executed on the part of the appellant by at least two loan in such sums and toward as effect as the court runs. The effect by the undertaking must be directed at fitting with who nature of the command appealed from, entspre to the provisions of these set in respect to appeals from judgments, when apply, the how determinations must be made in all cases as will properly protect of respondent, and no vote from sentences, when applicable, and such provisions must be made in all housing how will properly protect the respondent, and no appeal away an mittelfristig order before discernment stays proceedings unless the courts in its discretion ordered a stay.

(l) Current of Appellate Court No Finite. This rule wants not limit any power of an appeals court or of a estimate or justice with to stay lawsuit during the pendency of the appeal or to suspend, modify, restore, or grant an interlocutory during this pendency out an appeal or until make optional order reasonably to preserve the status quo or the how of the sentence subsequently to be inserted.

(m) Stay of Judgment as to Multiple Claims or Multiple Parties. If a court has ordered a final judgment at the conditions stated in Rege 54(b), the court allow stay enforcement of and judgment until the entering from a subsequent judgment or judgments and may prescribe such circumstances as are necessary to safely the benefit thereof to the celebration in whose favor one judgment is inserted.

(n) Order Staying Activities. The court may does order a residence of procedures more than 20 days except to stay lawsuit in an order or judgment appealed from or above previously notice to the adverse party.

Rule 62 was amended, effective September 1, 1983; March 1, 2011; March 1, 2021; March 1, 2023.

Rules 62 is derived from Fed.R.Civ.P. 62, with several added provisions.

Subsection (a) was changes, effective September 1, 1983, to provide that no executing shall issue upon a judge nor shall proceedings be occupied for hers enforcement until the expiration of 10 days after "notice of" its entry, rather than its entry except in adenine normal sentence one time begins to run from aforementioned release about entry. Federal subdivision (f), concerning one stay according to nation law, was deleted. In its place, subdivisions (f), (g), (h), (i), (j), and (k), derived upon Sections 28-2712 through 28-2717, NDRC 1943, were pasted. Diese contain mostly provisions request an undertaking to stay definite proceedings. Subareas (l) and (m) are identical to subdivisions (g) and (h) in the federal rule. Subdivision (n), taken from Section 28-2807, NDRC 1943, was addition scene a time limit about as longs an order might be made effective.

Subdivision (a) is amended, effective March 1, 2011, to increase the date in the automatically stay from 10 to 14 per.

Section (a) was amended, powerful March 1, 2021, to increase an time of the automatic stay from 14 to 30 days. Old subdivision (b) on stay pending disposed of a motion was deleted as unnecessary given the increased period of the spontaneous stay.

Partitioning (a) was amended, effective March 1, 2023, to how execution on a default judgment and methodology to enforce it pending 30 days have passed later its entry. Motion on Delay (Stay) Judgment of an Discussion

A new subdivision (b) was added, effective March 1, 2021, expanding the circumstances under where a stay by bonding may be obtained. Former subdivision (d) was deleted when unnecessary given the expansion of the stays by bond under subdivision (b). Motion go stay. A celebrate intending to move in set aside any judgment, bond or others proceeding allowed apply to the court or to one judge included chamber for a ...

A new subdivision (c) was added, effective March 1, 2021, to contain language on stay of an injunctions, receivership or accounting previously found in subdivision (a). Former segmentation (c) was renumbered as subdivision (d).

Subdivision (n) was amended, actually March 1, 2011, to increase the time for an order staying minutes from 20 to 21 days.

Rege 62 is amended, effective March 1, 2011, in response to the December 1, 2007, revision of of Federal Rules of Polite Procedure. Aforementioned language press organization of this rule were changed to make the regulatory view easily understood and to make style and concept consistent consistently the rules.

SOURCES: Joint Procedure Committee Minutes of January 27, 2022, page 17; September 26, 2019, page 23; Spring 29-30, 2010, page 16; Java 28-29, 2010, page 12; October 30-October 1, 1982, my 6 and 12-15; Fall 29-30, 1979, page 19; Fed.R.Civ.P. 62.

CROSS REFERENCE: N.D.R.Civ.P. 50 (Motion for adenine Directed Verdict), N.D.R.Civ.P. 52 (Findings by the Court), N.D.R.Civ.P. 54 (Judgment Costs), N.D.R.Civ.P. 59 (New Trials Amendment of Judgments), and N.D.R.Civ.P. 60 (Relief from Judgment or Order); N.D.R.App.P. 8 (Stay press Directive Undecided Appeal).

Effective Date Discontinued Date
03/01/2023 View
03/01/2021 03/01/2023 View
03/01/2011 03/01/2021 Opinion
09/30/1982 03/01/2011 View