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Rule 2-632 – Stay of Enforcement

May 13, 2021 | Civil Prodcedure, Maryland

(a) Stay of Interlocutory Order. On motion of a party the court may stay the operation or enforcement of an interlocutory order on whatever conditions the court considers proper for the security of the adverse party. The motion shall be accompanied by the moving party’s written statement of intention to seek review of the order on appeal from the judgment entered in the action.
(b) Automatic Stay of Money Judgment. Except as otherwise provided in this Rule, enforcement of a money judgment is automatically stayed until the expiration of ten days after its entry.

Cross reference: For the definition of “money judgment, see Rule 1-202.

(c) Discretionary Stay of Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay enforcement of a judgment pending the disposition of a motion for a new trial filed pursuant to Rule 2-533, a motion to alter or amend a judgment filed pursuant to Rule 2-534, a motion to revise a judgment filed pursuant to Rule 2-535, or a motion for judgment notwithstanding the verdict filed pursuant to Rule 2-532.
(d) Multiple Claims. When a court has entered a final judgment under the conditions stated in Rule 2-602, the court may stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such conditions as are necessary to secure the benefit of the judgment to the party in whose favor the judgment is entered.
(e) Pending Appeal. Except as provided in this section and in section (f) of this Rule, a stay pending appeal is governed by Rules 8-422 through 8-424. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order.
(f) Injunction Pending Appeal. When an appeal is taken from an order or a 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 adverse party. Further procedure in the appellate court is governed by Rule 8-425.
(g)Foreign Judgment. A stay of enforcement of a foreign judgment, as defined in Code, Courts Article, § 11-801, is governed by Code, Courts Article, § 11-804.
(h) Power of Appellate Court Not Limited.The provisions of this Rule do not limit any power of an appellate court 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.

Md. R. Civ. P. Cir. Ct. 2-632

This Rule is derived as follows:

Section (a) is derived from former Rule 1019.

Section (b) is derived from the 1961 version of Fed. R. Civ. P. 62(a).

Section (c) is derived from the 1961 version of Fed. R. Civ. P. 62(b).

Section (d) is derived from former Rule 607 and the 1961 version of Fed. R. Civ. P. 62(h).

Section (e) is in part new and in part derived from former Rule 1017 e.

Section (f) is derived from the 1961 version of Fed. R. Civ. P. 62(c).

Section (g) is new.

Section (h) is derived from the 1961 version of Fed. R. Civ. P. 62(g).

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 19, 1987, eff. July 1, 1988; June 5, 1996, eff. Jan. 1, 1997; Dec. 10, 1996, eff. July 1, 1997; Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 19, 2019, eff. Jan. 1, 2020.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.