Arizona

Civil Procedure

Civil Procedure

Rule 62 – Stay of Proceedings to Enforce a Judgment

(a) No Automatic Stay. Except as provided in Rule 62(d), (e), and (f), execution on a judgment and proceedings to enforce it are stayed for 15 days after its entry, unless the court orders otherwise. During the 15-day period, unless and until a bond or other security is posted, a party may record a judgment.
(b) Stay Pending the Disposition of a Motion. On appropriate terms for the adverse party’s security, the court may stay the execution of a judgment–or any proceedings to enforce it–pending disposition of any of the following motions:

(1) under Rule 50, for judgment as a matter of law;
(2) under Rule 52(b), to amend the findings or for additional findings;
(3) under Rule 59, for a new trial or to alter or amend a judgment;
(4) under Rule 60(a) and (b), for relief from a judgment or order; or
(5) when justice so requires in other instances until such time as the court may fix.
(c) Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves, or denies an injunction, the court may suspend, modify, restore, or grant an injunction on such terms for bond, security, or otherwise that preserve the opposing party’s rights.
(d)Stay of an Injunction or Receivership. Subject to Rule 7(a)(2) of the Arizona Rules of Civil Appellate Procedure and unless the court orders otherwise, an interlocutory or final judgment in an action for an injunction or receivership is not stayed after being entered, even if an appeal is taken.
(e)Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants, continues, modifies, refuses, dissolves, or refuses to dissolve or modify an injunction, the court may suspend, modify, restore, or grant an injunction on such terms for bond, security, or otherwise that preserve the adverse party’s rights.
(f) Stay of Judgment Ordering Execution of an Instrument or Sale of Perishable Property.

(1)Judgment Directing Execution of Instrument. If a party appeals a judgment or order directing the execution of a conveyance or other instrument, the judgment or order may not be stayed unless and until the conveyance or other instrument is executed and deposited with the clerk pending the outcome of the appeal.
(2)Judgment Directing Sale of Perishable Property and Distribution of Proceeds. A judgment or order directing the sale of perishable property may not be stayed pending appeal, but the proceeds of the sale must be deposited with the clerk pending the outcome of the appeal.
(g) Stay of a Judgment Against the State or Its Agencies or Political Subdivisions.

(1)Money Judgments. If a monetary judgment is entered against the State of Arizona or one of its agencies or political subdivisions, the judgment is automatically stayed upon the filing of an appeal.
(2)Nonmoney Judgments. Subject to Rule 62(a), if a judgment other than a monetary judgment is entered against the State of Arizona or one of its agencies or political subdivisions, the judgment is not automatically stayed upon the filing of an appeal. If a court grants a stay of such a judgment, it may not require a bond, obligation, or other security.
(h) Stay of Judgment Entered Under Rule 54(b). A court may stay the enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.
(i) Stay of a Judgment in Rem. If a claimant has filed a timely claim to the property and is not in default, a judgment in rem is not self-executing until 15 days after its entry, and no execution or other process may issue on the judgment during that time.

Ariz. R. Civ. P. 62

Amended effective January 1, 2017;amended Aug. 28, 2018, effective January 1, 2019.