(a) Stay upon entry of judgment. No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry, except that, in the case of a default judgment, execution may issue and enforcement proceedings may be taken at any time after entry of judgment and except that, in any case in which both the plaintiff or plaintiffs and the defendant or defendants agree, in writing, and file a copy of such agreement with the clerk of the court, execution may issue and enforcement proceedings may be taken at any time after entry of judgment. Unless otherwise ordered by the court, 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. Subsection (c) of this Code section governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
§ 9-11-62.Stay of proceedings to enforce a judgment
Chapter 11. Civil Practice Act · Article 7. Judgment · Last amended 1973 · Last verified July 17, 2026
In one sentenceThis section automatically stays execution and enforcement of a judgment for ten days after entry, except for default judgments or where the parties agree in writing to skip the stay, makes a timely motion for new trial or judgment notwithstanding the verdict act as supersedeas unless the court orders otherwise, gives courts discretion over injunctions pending appeal, exempts the state and its political subdivisions from posting security to obtain a stay, and preserves an appellate court’s own power to stay proceedings or adjust relief pending appeal.
Full Text of § 9-11-62
(b) Stay on motion for new trial or for judgment. The filing of a motion for a new trial or motion for judgment notwithstanding the verdict shall act as supersedeas unless otherwise ordered by the court; but the court may condition supersedeas upon the giving of bond with good security in such amounts as the court may order.
(c) 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.
(d) Stay in favor of the state or agency thereof. When an appeal is taken by the state or by any county, city, or town within the state, or an officer or agency thereof, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.
(e) Power of appellate court not limited. The provisions in this Code section do not limit any power of an appellate court or of a judge or justice 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 that status quo or the effectiveness of the judgment subsequently to be entered.
(f) Stay of judgment as to multiple claims or multiple parties. When a court has ordered a final judgment under the conditions stated in subsection (b) of Code Section 9-11-54, 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.
Plain-English Summary
Subsection (a) sets the baseline: no execution can issue and no enforcement proceedings can be taken on a judgment until ten days after its entry. Two exceptions cut that stay short — a default judgment can be executed and enforced right away, and the parties can agree in writing, filed with the clerk, to allow immediate execution regardless of judgment type. Judgments granting an injunction or arising in a receivership action work differently: unless the court orders otherwise, they aren’t stayed at all during the period after entry and through the pendency of an appeal.
Subsection (b) covers what happens once post-judgment motions are filed. A motion for a new trial or for judgment notwithstanding the verdict acts as supersedeas — automatically staying enforcement — unless the court orders otherwise, though the court can condition that stay on the moving party posting a bond with good security in whatever amount it sets.
Subsections (c) through (e) round out the court’s authority over injunctions and appeals generally. When an appeal challenges a judgment granting, dissolving, or denying an injunction, the court has discretion to suspend, modify, restore, or grant an injunction during the appeal, on whatever bond or other terms it considers proper to protect the adverse party. When the state, or a county, city, or town, or an officer or agency of one of them, takes an appeal and the judgment’s enforcement is stayed, no bond or other security can be required of that appellant. And nothing in this section limits an appellate court’s or an appellate judge’s own power to stay proceedings, adjust an injunction, or otherwise preserve the status quo while an appeal is pending.
Subsection (f) closes with judgments entered under the multiple-claim or multiple-party certification in subsection (b) of Code Section 9-11-54: the court may stay enforcement of that judgment until a later judgment is entered, and can set whatever conditions are necessary to secure the benefit of the judgment for the party who won it.
Frequently Asked Questions
How long is enforcement of a Georgia judgment automatically stayed after entry?
Ten days, except that a default judgment can be enforced immediately, and the parties can agree in writing to allow immediate enforcement of any judgment.
Does filing a motion for new trial or judgment notwithstanding the verdict stop enforcement of the judgment?
Yes, generally. That motion acts as supersedeas unless the court orders otherwise, though the court may condition the stay on the moving party posting a bond.
Is a judgment granting an injunction automatically stayed while an appeal is pending?
No. Unless the court orders otherwise, injunction and receivership judgments aren’t stayed during the period after entry or during the appeal.
Does the state have to post a bond to get a stay while it appeals a judgment?
No. Subsection (d) exempts the state, and any county, city, or town, or an officer or agency of one, from posting bond or other security to obtain a stay.
What happens to enforcement of a judgment entered under the multiple-claim certification procedure while other claims remain pending?
The court may stay enforcement of that judgment until a subsequent judgment is entered, on whatever conditions are necessary to secure its benefit to the prevailing party.
Amendment History
Ga. L. 1966, p. 609, § 62; Ga. L. 1967, p. 226, § 28; Ga. L. 1970, p. 550, § 1; Ga. L. 1972, p. 689, § 9; Ga. L. 1973, p. 693, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia stay of execution judgmentsupersedeas georgia motion for new trialten day stay judgment georgiainjunction pending appeal georgia