Arizona

Family Law

Family Law

Rule 87 – Stay of Proceedings to Enforce a Judgment

(a)No Automatic Stay. Except as provided in Arizona Rule of Civil Appellate Procedure 7 or as a court otherwise orders, an interlocutory or final judgment, including in an action for an injunction or a receivership, is not stayed after being entered, even if an appeal is taken.
(b)Stay Pending the Disposition of a Motion. On appropriate terms for the opposing party’s security, the court may stay the execution of a judgment or any proceedings to enforce it:

(1) pending disposition of a motion under Rule 83 to alter or amend a judgment, or under Rule 85(a) or (b) for relief from a judgment or order; or
(2) when justice so requires in other circumstances until such time as the court designates.
(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 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.
(e)Stay of a Judgment Against the State or Its Agencies or Political Subparts.

(1)Money Judgments. If a money judgment is entered against the State of Arizona or one of its agencies or political subparts, the judgment is automatically stayed upon the filing of an appeal.
(2)Other Judgments. If a judgment other than a money judgment is entered against the State of Arizona or one of its agencies or political subparts, 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.
(f)Stay of Judgment Entered Under Rule 78(b). A court may stay the enforcement of a judgment entered under Rule 78(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.
(g)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 25 days after its entry, and no execution or other process may issue on the judgment during that time.

Ariz. R. Fam. Law. proc. 87

Added Oct. 19, 2005, effective Jan. 1, 2006; amended effectiveJan. 1, 2019.