Rule 62 – Stay of Proceedings to Enforce a Judgment.

May 14, 2021 | Domestic Relations, Family Law, Rhode Island

(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 twenty (20) days after its entry or until the time for appeal from the judgment has expired. Unless otherwise ordered by the court, a temporary order of support, a temporary order of custody, an interlocutory or permanent injunction, or a judgment 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.
(b) Stay on Motion to Vacate 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 relief from a judgment or order made pursuant to Rule 60.
(c) Injunction Pending Appeal. When an appeal is taken from decision pending entry of final or final judgment with respect to an injunction, the court in its discretion, subject to revision by the Supreme Court, may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as the court considers proper for the security of the rights of the adverse party.
(d) Stay Upon Appeal. Except as provided in subdivisions (a) and (c) 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.
(e) 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), it 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.
(f) Power of the Judicial Officers Not Limited. The provisions of this rule do not limit the statutory power of any judicial officers to stay execution upon motion and for cause shown.

R.I. Fam. Ct. R. Dom. Rel. P. 62