Ch. VII: Judgment · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 62 governs stays — on a motion for a new trial, pending appeal, under statute, and where a final judgment has been entered on fewer than all the claims.
(a)Stay on Motion for New Trial or for Judgment. 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 pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to Rule 59 or of a motion for relief from a judgment or order made pursuant to Rule 60.
(b)Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the 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.
(c)Supersedeas or Stay on Appeal. Stays pending appeal and stay and cost bonds shall be governed by Article IV, Section 24 of the Constitution of the State of Delaware and by the rules of the appellate court.
(d)Stay According to Statute. A judgment debtor is entitled to a stay of execution where such stay is accorded by statute.
(e)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.
End
Plain-English Summary
On a post-trial motion. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay execution of, or proceedings to enforce, a judgment pending the disposition of a motion for a new trial or for judgment.
Injunctions pending appeal. Where an appeal is taken from an interlocutory or final judgment granting, dissolving or denying an injunction, the court has the powers the rule sets out to suspend, modify, restore or grant one during the appeal, on terms for the security of the adverse party.
Supersedeas. Stays pending appeal, and stay and cost bonds, are governed by Article IV, Section 24 of the Delaware Constitution and the provisions the rule identifies — so the answer to “can I stop this while I appeal?” is partly constitutional, not merely procedural.
By statute. A judgment debtor is entitled to a stay of execution where a statute accords one. Entitled, not merely eligible.
Multiple claims. Where the court has directed a final judgment on fewer than all the claims or parties under Rule 54(b), it may stay enforcement until later judgments are entered, and may prescribe the conditions necessary to secure the benefit of the judgment to the party in whose favour it was entered.
Frequently Asked Questions
Can I stop enforcement of a Delaware Family Court order while I appeal?
Stays pending appeal and stay and cost bonds are governed by Article IV, Section 24 of the Delaware Constitution and the provisions the rule identifies.
Can enforcement be paused while a new trial motion is pending?
Yes, in the court's discretion and on such conditions for the security of the adverse party as are proper.
Is a stay ever automatic?
A judgment debtor is entitled to a stay of execution where such a stay is accorded by statute.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 62), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:stay pending appeal Delaware Family Courtsupersedeas DelawareFam. Ct. Civ. R. 62