(a) PLAINTIFF’S APPLICATION. If either entry or execution of the judgment has been stayed on condition that the defendant make certain periodic payments to the plaintiff or perform other acts, and the defendant at any time fails to make the payments or perform the acts, the plaintiff may apply for termination of the stay or entry of judgment by mailing to the defendant and the defendant's attorney, if any, a verified copy of Civil Action Form 110, accompanied by proof of service as provided in Rule 5-I.
Rule 62-II.Application for Termination of Stay or for Entry of Judgment
Group VII: Judgment · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 62-II gives a plaintiff a streamlined way to enforce a judgment that was stayed on condition the defendant make periodic payments or perform other acts: if the defendant defaults on that condition, the plaintiff applies using Civil Action Form 110, and the clerk terminates the stay or enters judgment unless the defendant files an opposition.
Full Text of Rule 62-II
(b) ACTION BY THE CLERK.
(1) When the Defendant Fails to Respond. If the defendant fails to oppose the termination, the clerk may terminate the stay and issue execution or enter judgment in accordance with the notice given by Civil Action Form 110, in the manner provided in Rule 55(b)(1) with respect to defaults.
(2) When the Defendant Files an Opposition. If the defendant files an opposition, the notice must be treated as an opposed motion pursuant to Rule 12.
Comment
Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 62-II addresses a specific situation: entry or execution of a judgment has been stayed on the condition that the defendant make certain periodic payments to the plaintiff, or perform other acts, and the defendant later fails to make a payment or perform an act as required. Rather than starting fresh litigation, Rule 62-II(a) lets the plaintiff apply for termination of the stay or entry of judgment by mailing the defendant, and the defendant's attorney if there is one, a verified copy of Civil Action Form 110, along with proof of service under Rule 5-I.
What happens next depends on the defendant's response. Under Rule 62-II(b)(1), if the defendant does not oppose the termination, the clerk may terminate the stay and issue execution, or enter judgment, in the manner Civil Action Form 110's notice describes — following the same clerk's-default model used in Rule 55(b)(1). Under Rule 62-II(b)(2), if the defendant does file an opposition, the plaintiff's notice is no longer handled administratively; it converts into an opposed motion under Rule 12, which the court resolves like any other contested motion.
The procedure works alongside the stay provisions in Rule 62, giving parties a practical way to structure a judgment around installment payments or other performance while still giving the plaintiff a fast path to enforcement if the defendant falls behind — without the plaintiff having to file a separate lawsuit to collect on the underlying obligation.
Frequently Asked Questions
When would a plaintiff use Rule 62-II's procedure?
When a judgment's entry or execution was stayed on the condition that the defendant make periodic payments or perform other acts, and the defendant later fails to make a payment or perform an act as required.
What form does a plaintiff use to apply for termination of a stay under Rule 62-II?
The plaintiff mails the defendant, and the defendant's attorney if there is one, a verified copy of Civil Action Form 110, along with proof of service as Rule 5-I requires.
What happens if the defendant does not respond to the plaintiff's application under Rule 62-II?
If the defendant does not oppose the termination, the clerk may terminate the stay and issue execution, or enter judgment, in the manner described in Civil Action Form 110's notice, following the procedure Rule 55(b)(1) uses for defaults.
What happens if the defendant does file an opposition?
The notice must then be treated as an opposed motion under Rule 12, rather than being handled by the clerk administratively.
How is proof of service handled for a Rule 62-II application?
The plaintiff must serve the verified Civil Action Form 110 on the defendant and the defendant's attorney, if any, and provide proof of that service in the manner Rule 5-I sets out.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as: dc rule 62-ii civil action form 110terminate stay periodic payments dcdc default on payment stay judgmentenforce stayed judgment installment dc