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Rule 62.Stay of Proceedings to Enforce a Judgment

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 62 automatically pauses enforcement of a judgment for 14 days after entry, lets courts grant a discretionary stay while post-trial motions or an appeal are pending, and lets a party stay enforcement during appeal by posting a supersedeas bond.

Full Text of Rule 62

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

(a) Automatic Stay; Exceptions; Injunctions; Receiverships. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 14 days after its entry; provided that an interlocutory or 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 or during the pendency of an appeal. Unless otherwise ordered by the court, the provisions of section (c) of this Rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
(b) Discretionary Stay. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of, or any proceedings to enforce, a judgment: (1) pending the disposition of a motion for post-trial relief made pursuant to C.R.C.P. 59; (2) pending a motion for relief from a judgment or order made pursuant to C.R.C.P. 60; (3) during the time permitted for filing of a notice of appeal; or (4) during the pendency of a motion for approval of a supersedeas bond.
(c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the trial 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.
(d) Stay upon Appeal. When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay from the trial court subject to the exceptions contained in section (a) of this Rule. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.
(e) Stay in Favor of the State of Colorado or Municipalities Thereof. When an appeal is taken by the State of Colorado, or by any county or municipal corporation of this state, or of any officer or agency thereof acting in official capacity and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant unless otherwise ordered by the court.
(f) [There is no section (f).]
(g) Power of Appellate Court Not Limited. The provisions in this Rule do not limit any power of the appellate courts or of a justice or judge thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. (See Rule 8, Colorado Appellate Rules.)
(h) 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.

Amendment History

Amended effective January 1, 1989; November 16, 1995; January 1, 2012.

Plain-English Summary

Once a court enters judgment, Rule 62 gives the losing party a built-in 14-day window before the winning party can execute on it or take other steps to enforce it. That automatic stay does not apply to a judgment granting, denying, or affecting an injunction or to a receivership action, which are not paused just because judgment was entered.

Beyond that automatic window, a court may grant a discretionary stay while a motion for post-trial relief under Rule 59 or a motion for relief from judgment under Rule 60 is pending, while the time to file a notice of appeal is running, or while a motion to approve a supersedeas bond is pending. Once an appeal is underway, the appellant can obtain a stay from the trial court by posting a supersedeas bond; the stay takes effect only once the court approves the bond. The trial court also keeps discretion to suspend, modify, restore, or grant an injunction while an appeal from an injunction order is pending.

Special rules apply at the edges. When the State of Colorado, or one of its counties or municipalities, is the appellant, no bond is required unless the court orders otherwise. The appellate courts keep their own power to stay proceedings or protect the status quo during an appeal. And when a court has entered final judgment on fewer than all the claims or parties in a case under Rule 54(b), it may stay enforcement of that judgment until the remaining claims are resolved.

Frequently Asked Questions

How long is the automatic stay after a judgment is entered?

Fourteen days. Execution or other enforcement of the judgment cannot begin until 14 days after entry, except for judgments involving injunctions or receiverships, which are not automatically stayed.

What is a supersedeas bond, and when do I need one?

A supersedeas bond is the security an appellant posts to obtain a stay of enforcement from the trial court while an appeal is pending. The stay does not take effect until the court approves the bond.

Can I get a stay while my post-trial motion is still pending?

Yes. The court has discretion to stay enforcement of a judgment while a motion for post-trial relief under Rule 59 or a motion for relief from judgment under Rule 60 is pending, on conditions that protect the other party.

Does the State of Colorado have to post a bond to get a stay on appeal?

No. When the State of Colorado, or one of its counties or municipalities, appeals, no bond or other security is required unless the court orders otherwise.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 62). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source
Also known as: stay of executionsupersedeas bondautomatic 14 day staystay pending appealstay enforcement of judgmentdiscretionary stay