Rule 62.Stay of Proceedings to Enforce a Judgment
Group VII: Judgment · Last amended 2019 · Last verified July 14, 2026
Full Text of Rule 62
Comments
This rule was amended and reorganized consistent with the 2018 federal amendments to Federal Rule of Civil Procedure 62. The period of the automatic stay was extended to 30 days, eliminating the gap between the automatic stay and the 28- day time period for filing one of the motions previously listed in section (b). While the term “supersedeas” has been eliminated from the rules, the concept remains in section (b).
This rule is substantially similar to Federal Rule of Civil Procedure 62, as amended in 2007 and 2009, but maintains the following local distinctions: 1) the addition of the District of Columbia to section (e), which exempts the government from the requirement of posting security to stay enforcement of a judgment on appeal; and 2) the deletion of inapplicable references to patent accountings, three judge District Court panels, and state law on stay of judgments in sections (a), (c) and (f) of the federal rule, respectively.
Plain-English Summary
Rule 62(a) provides an automatic 30-day stay: except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after entry, unless the court orders otherwise. Rule 62(b) lets a party extend protection beyond that window by posting a bond or other security; the stay this creates takes effect once the court approves the bond or security and lasts for whatever time the bond or security specifies.
Injunctions and receiverships work differently. Under Rule 62(c), an interlocutory or final judgment in an action for an injunction or receivership is not automatically stayed after entry, even while an appeal is pending, unless the court orders otherwise. Rule 62(d) gives the court power, while such an appeal is pending, to suspend, modify, restore, or grant an injunction on terms — including bond or other security — that protect the opposing party's rights.
Rule 62(e) exempts government appellants from the security requirement: the court must not require a bond or other security from the appellant when granting a stay on an appeal by the United States, the District of Columbia, or an officer or agency of either, or on an appeal directed by a department of either. Rule 62(g) preserves the appellate court's own independent power to stay proceedings, adjust an injunction, or issue an order protecting the status quo or the effectiveness of the judgment to come, and Rule 62(h) lets the court stay enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment, prescribing terms to secure the benefit of the stayed judgment in the meantime.
The 2019 amendment extended the automatic stay from a shorter period to 30 days specifically to close the gap that used to exist between the automatic stay and the 28-day deadline for post-judgment motions under rules like 59 and 60. The amendment also dropped the term “supersedeas” from the rule's text, though the underlying concept — a bond that secures a stay — survives in Rule 62(b).
Frequently Asked Questions
How long is a judgment automatically stayed before the winning party can enforce it?
Rule 62(a) provides an automatic stay of 30 days after entry of judgment, subject to the injunction and receivership exceptions in Rule 62(c) and (d) and unless the court orders otherwise.
How can a party get a stay that lasts longer than the automatic 30 days?
Rule 62(b) lets a party obtain a stay by posting a bond or other security. That stay takes effect once the court approves the bond or security and continues for the time the bond or security specifies.
Does obtaining an injunction automatically pause it while the losing party appeals?
No. Rule 62(c) states that an interlocutory or final judgment in an action for an injunction or receivership is not stayed after entry, even if an appeal is taken, unless the court orders otherwise.
Does the District of Columbia government have to post a bond to get a stay on appeal?
No. Rule 62(e) bars the court from requiring a bond or other security from the United States, the District of Columbia, or an officer or agency of either when granting a stay on their appeal.
Why was the automatic stay period extended to 30 days?
The 2019 comment explains that the extension closed the gap between the automatic stay and the 28-day deadline for filing post-judgment motions, so a judgment is not enforceable before the deadline to move against it has even run.