Rule 87.Stay of Proceedings to Enforce a Judgment

Part X. Judgments and Decrees · Last amended January 1, 2019 · Last verified September 4, 2026

In one sentenceRule 87 confirms there is no automatic stay of a family law judgment on appeal, and sets out the limited circumstances in which enforcement may be stayed.

Full Text of Rule 87

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(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.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019.

Plain-English Summary

The first line is the one that matters most.

No automatic stay

Except as ARCAP 7 provides or a court 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. Filing a notice of appeal does not suspend a decree. A party who wants enforcement paused must ask.

When the court may stay

On appropriate terms for the opposing party's security, the court may stay execution or enforcement pending disposition of a Rule 83 motion or a Rule 85(a) or (b) motion, or when justice so requires in other circumstances for a period the court sets. While an appeal from an order granting, dissolving or denying an injunction is pending, the court may suspend, modify, restore or grant an injunction on terms that preserve the opposing party's rights.

Two things that cannot simply be stayed

A judgment directing execution of a conveyance or other instrument may not be stayed unless and until the instrument is executed and deposited with the clerk pending appeal. A judgment directing the sale of perishable property may not be stayed at all -- but the proceeds must be deposited with the clerk. In both cases the asset is secured rather than left in limbo.

Judgments against the State

The rule inverts the ordinary pattern. A money judgment against the State or its agencies or political subparts is automatically stayed on the filing of an appeal. Any other judgment against the State is not -- and if the court does stay one, it may not require a bond, obligation or other security.

Partial judgments, and judgments in rem

A court may stay enforcement of a Rule 78(b) partial judgment until it enters later judgments, on terms securing the benefit for the party who won it. And a judgment in rem is not self-executing until 25 days after entry where a claimant has filed a timely claim and is not in default, with no execution or other process issuing during that window.

Frequently Asked Questions

Does filing an appeal stop my decree from being enforced?

No. Rule 87(a) says that except as provided in ARCAP 7 or as a court otherwise orders, an interlocutory or final judgment is not stayed after being entered, even if an appeal is taken.

How do I get enforcement paused?

Rule 87(b) allows the court, on appropriate terms for the opposing party's security, to stay execution or enforcement pending disposition of a Rule 83 motion or a Rule 85(a) or (b) motion, or when justice so requires in other circumstances.

Can a judgment ordering me to sign a deed be stayed?

Only conditionally. Rule 87(d)(1) provides that a judgment or order directing execution of a conveyance or other instrument may not be stayed unless and until the instrument is executed and deposited with the clerk pending the outcome of the appeal.

What about a judgment ordering perishable property sold?

Rule 87(d)(2) says such a judgment may not be stayed pending appeal, but the proceeds of the sale must be deposited with the clerk pending the outcome.

Is a judgment against the State treated differently?

Yes. Rule 87(e)(1) automatically stays a money judgment against the State or its agencies or political subparts upon the filing of an appeal. Rule 87(e)(2) does not automatically stay other judgments, and bars requiring a bond, obligation or other security if the court grants a stay.

When does a judgment in rem take effect?

Rule 87(g) says that 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 during that time.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: stay of enforcementno automatic staysupersedeasappealjudgment against the Stateperishable propertyin rem