(a) Automatic stay: Exceptions – Injunctions, receiverships and accountings. Unless otherwise ordered by the court, a temporary order or a judgment containing a restraining order, an order of sequestration, or an order appointing receiver, or a judgment or order directing an accounting, or an order for the payment of child support directly or by income assignment, 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 a restraining order during the pendency of an appeal. When an appeal is taken from any judgment relating to the custody or support of a child or spousal support, the court in its discretion may suspend, modify or grant such judgments during the pendency of the appeal upon such terms as it considers proper. (b) Stay on motion for new trial or for alteration or amendment of judgment or order. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay any proceedings to enforce a judgment or order pending the disposition of a motion for a new trial or to alter or amend a judgment or order made pursuant to Rule 59 of these rules, or of a motion for relief from a judgment or order made pursuant to Rule 60 of these rules, or when justice so requires in other cases until such time as the court may fix.(c) Restraining orders pending appeal. When an appeal is taken from a restraining order or final decree granting, dissolving, or denying a restraining order, the court in its discretion may suspend, modify, restore, or grant a restraining order 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.(d) Stay upon appeal. When an appeal is taken the appellant on such conditions that the court may allow may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The stay is effective when approved by the court. (e) Stay in favor of the State, etc. When an appeal is taken by or at the direction of the State or a county, or by an officer or agency of the State or a county, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant. (f) Reserved. (g) Power of supreme court and intermediate court of appeals not limited. The provisions in this rule do not limit any power of the supreme court or of the intermediate court of appeals or of a justice or judge thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant a restraining order during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the decree subsequently to be entered.(h) Reserved.
Haw. Fam. Ct. R. 62
Amended May 6, 1980, effective May 6, 1980; further amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.
