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Rule 62 – Stay of Proceedings to Enforce a Judgment

May 14, 2021 | Civil Procedure, Vermont

(a)Automatic Stay Prior to Appeal; Exceptions.

(1)Automatic Stay. Except as provided in paragraphs (2)-(4) of this subdivision and in subdivision (c), no writ of execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry or until the time for appeal from the judgment as extended by Appellate Rule 4 has expired.
(2)Interlocutory Orders; Injunctions and Receiverships. Unless otherwise ordered by the court, an interlocutory order in any action, or a 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.
(3)Orders for Possession.

(A) No order for possession shall issue upon a final judgment for possession of a chattel nor shall proceedings be taken for enforcement of the judgment for 14 days after its entry; provided that on motion made during the 14-day period the court may stay any such writ for a further period of 21 days or until the time for appeal from the judgment as extended by Appellate Rule 4 has expired.
(B) A writ of possession shall issue on the date on which a final judgment for possession of real estate is entered, provided that on motion made within 14 days after entry of judgment the court may stay any such writ for a period of 21 days or until the time for appeal from the judgment as extended by Rule 80.1(m) or Appellate Rule 4 has expired.
(C) Any stay shall be granted upon such terms as the court considers necessary to protect the interests of any party. A timely motion for a stay acts as a further stay until the motion can be heard and determined, which shall be at the earliest possible time.
(4)Certain Orders in Probate Appeals. There is no automatic stay concerning decrees of adoption or orders issued under 15A V.S.A. or orders issued pursuant to 14 V.S.A. chapter 111, subchapter 12 (Guardianship for Mentally Disabled Adults).
(b)Stay of Execution on Default Judgment. Execution in a personal action shall not issue upon a judgment by default until it has been served on the defendant by personal service or by mail by the methods provided in Rule 4(f) for a summons and complaint served outside the state. If the court finds that service cannot with due diligence be made by either of the above methods, based on a motion and affidavit filed by the plaintiff, it shall order service by publication by the method provided in Rule 4(g). A motion to set aside a default judgment shall operate as a stay of execution until it is decided.
(c)Order for Immediate Execution. In its discretion, the court on motion in any action in which an automatic stay is provided under paragraph (1) or (3) of subdivision (a) of this rule 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 Rules 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 make such a 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)Stay Pending Appeal.

(1)Automatic Stay. In any action in which an automatic stay prior to appeal is in effect pursuant to paragraph (1) of subdivision (a) 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.
(2)Interlocutory Appeals; Injunctions. When an appeal is permitted from an interlocutory order under Rule 5 or 5.1 of the Vermont Rules of Appellate Procedure, the order permitting the appeal shall order whether or not the proceedings shall be stayed, and upon what conditions. When an appeal is taken from 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. The court shall certify forthwith to the Supreme Court any order entered under this subdivision.
(3)Orders for Possession. When an appeal is taken from a final judgment granting possession of real estate or a chattel, if an order for possession has not been executed, the court in its discretion may stay issuance or execution of any such order during the pendency of the appeal upon such terms as it considers necessary to protect the interests of any party.
(e)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 shall, unless dissolved by operation of law, continue during the period of any stay of execution of the judgment ordered by the court or arising by operation of this rule or other provision of law, 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 Supreme Court, or by the expiration of any applicable stay of execution or the issuance of an order for immediate execution, 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.
(f)Power of Supreme Court Not Limited. The provisions in this rule do not limit any power of the Supreme 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.
(g)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.

Vt. R. Civ. P. 62

Amended Feb. 15, 1977, eff. March 1, 1977; Oct. 30, 1979, eff. Dec. 3, 1979; Oct. 21, 1983, eff. Jan. 1, 1984; Nov. 25, 1986, eff. March 1, 1987; Dec. 9, 1988, eff. March 1, 1989; Aug. 22, 1991, eff. Nov. 1, 1991; Feb. 22, 1996, eff. July 1, 1996; Feb. 5, 2008, eff. April 7, 2008; May 20, 2010, eff. July 26, 2010; amended Sept. 20, 2017, eff. Jan. 1, 2018; amended Feb. 10, 2020, eff. April 13, 2020 .

Reporter’s Notes-2018 Amendment

Rule 62(a)(3)(A)-(B) is amended to extend its 10-day and 20-day time periods to 14 and 21 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.

Reporter’s Notes-2020 Amendment

Rule 62(a)(3)(A) is amended to delete a comma after the word “chattel” in the second line to eliminate an ambiguity. The 14-day limit applies to issuance of an order of possession as well as to commencement of enforcement proceedings, consistent with the original intent of paragraph (3) to provide “a single uniform procedure for final judgements in possessory all actions.” See Reporter’s Notes to 1996 amendment adding Rule 62(a)(3).