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Rule 62 – Stay of Proceedings to Enforce a Judgment

May 13, 2021 | Civil Procedure, Maine

(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 21 days after its entry or until the time for appeal from the judgment as extended by the rules governing appeals has expired. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action or an order relating to the care, custody and support of minor children or to the separate support or personal liberty of a person or for the protection of a person from abuse or harassment 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 (d) of this rule govern the suspending, modifying, restoring or granting of an injunction during the pendency of an appeal.
(b) Stay of Execution on Default Judgment. Execution in a personal action shall not issue upon a judgment by default against an absent defendant who has no actual notice thereof until one year after entry of the judgment except as provided by law.
(c) Order for Immediate Execution. In its discretion, the court on motion may, for cause shown and subject to such conditions as it deems proper, order execution to issue at any time after the entry of judgment and before an appeal from the judgment has been taken or a motion made pursuant to Rule 50, 52(b), 59, or 60; but no such order shall issue if a representation, subject to the obligations set forth in Rule 11, is made that a party intends to appeal or to make such motion. When an order for immediate execution under this subdivision is denied, the court may, upon a showing of good cause, at any time prior to appeal or during the pendency of an appeal order the party against whom execution was sought to give bond in an amount fixed by the court conditioned upon satisfaction of the damages for delay, interest, and costs if for any reason the appeal is not taken or is dismissed, or if the judgment is affirmed.
(d) 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.
(e) Stay Upon Appeal. Except as provided in subdivisions (c) and (d) of this rule, the taking of an appeal from a judgment shall operate as a stay of execution upon the judgment during the pendency of the appeal, and no supersedeas bond or other security shall be required as a condition of such stay.
(f) Continuance of Attachment. An attachment of real or personal property or an attachment on trustee process or a bond given to vacate any such attachment or to release the defendant from arrest on capias writ shall, unless dissolved by operation of law, continue during the time within which an appeal may be taken from the judgment and during the pendency of any appeal. When a judgment has become final by expiration of the time for appeal, by dismissal of an appeal, or on certificate of decision from the Superior Court or Law Court, any such attachment or bond shall continue for 60 days if the judgment is for the plaintiff but shall be dissolved forthwith if the judgment is for the defendant.
(g) Power of Reviewing Court Not Limited. The provisions in this rule do not limit any power of the Superior Court or Law Court during the pendency of an appeal to suspend, modify, restore, or grant an injunction 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.

Me. R. Civ. P. 62

Advisory Committee Note

Rule 62(a) is amended to recognize that the time when a judgment becomes final and subject to enforcement is now 21 days after entry. M.R. App. P. 2(b)(3). The amendment also recognizes the special proceedings to protect people from abuse and harassment, 19-A M.R.S. §§4001 to 4014(2006) and 5 M.R.S. §§4651 to 4660 -A (2006). An amendment to subdivision (a) is added to provide that orders under the relief provisions of these statutes are not stayed pending appeal. The intent of the amendment is to maintain court-ordered personal safety protections during the appeal. In individual cases, however, relief ordered by the court may be appropriately and safely stayed pending appeal, as in the case of orders for the payment of money. In such cases, the burden is on the appellant to move the court to “otherwise order” a stay during the pendency of the appeal of all or part of the relief ordered. The trial court is invested by subdivision (a) with broad discretion to make such orders as are required by the case. In addition, subdivision (g) empowers the reviewing court to “make any order appropriate” to preserve the status quo or to ensure the effectiveness of the judgment subsequently to be entered.

Advisory Committee’s Notes 1987

Rule 62(a) is amended to substitute “spouse” for “wife” in the description of actions for separate support or personal liberty which are not to be stayed prior to or pending appeal without court order. The amendment brings the language of the rule into line with what has long been the statutory language. See 19 M.R.S.A. § §693, (amended P.L. 1977, ch. 439, § 3 ), 694 (amended P.L. 1975, ch. 701, § 10 ).

Advisory Committee’s Notes 1989

Rule 62(a) is amended to provide that the exception to the automatic stay of execution provisions provided in the rule for certain orders involving minor children or spouses is no longer limited to divorce actions, and that the exception for orders involving separate support and personal liberty is no longer limited to spouses. The effect of the amendment is to make clear that the exception applies to appeals from protective and other orders in domestic abuse proceedings under 19 M.R.S.A. §766 and support proceedings under 19 M.R.S.A. §214. The amendment sets forth what would have been the appropriate construction of the rule in any case consistent with its provisions for such orders in divorce actions, which were added prior to the enactment of the protection from abuse statutes. Note that the court retains the power to order a stay in a proper case.

Advisory Committee’s Notes January 1, 2001

Rule 62(a) is amended to strike the references to the specific appeal rules and substitute a general reference to the “rules governing appeals.” This change covers a reference to both the old rules and the new rules during the time when both may be in effect. It also provides a sufficient continuing reference to the Rules of Appellate Procedure.

Annotations:

Rule 62(e): Doggett v. Town of Gouldsboro, 2002 ME 175, 5-6.