Rule 62.Stay of Proceedings to Enforce a Judgment.
Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 62 says which orders are not automatically stayed, including child support, and how a stay is obtained pending a post-trial motion or an appeal.
(a)(a) No automatic stay: Exceptions - Injunctions, receiverships and accountings. Unless otherwise ordered by the court, a temporary order or a judgment containing a restraining order, an order of sequestration, or an order appointing receiver, or a judgment or order directing an accounting, or an order for the payment of child support directly or by income assignment, shall not be stayed during the period after its entry and until an appeal is taken, or during the pendency of an appeal. The provisions of subdivision (c) of this Rule govern the suspending, modifying, restoring, or granting of a restraining order during the pendency of an appeal. When an appeal is taken from any judgment relating to the custody or support of a child or spousal support, the court in its discretion may suspend, modify or grant such judgments during the pendency of the appeal upon such terms as it considers proper.
(b)(b) Stay on motion for new trial or for alteration or amendment of judgment or order. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay any proceedings to enforce a judgment or order pending the disposition of a motion for a new trial or to alter or amend a judgment or order made pursuant to Rule 59 of these Rules, or of a motion for relief from a judgment or order made pursuant to Rule 60 of these Rules, or when justice so requires in other cases until such time as the court may fix.
(c)(c) Restraining orders pending appeal. When an appeal is taken from a restraining order or final decree granting, dissolving, or denying a restraining order, the court in its discretion may suspend, modify, restore, or grant a restraining order 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)(d) Stay upon appeal. When an appeal is taken the appellant on such conditions that the court may allow may obtain a stay subject to the exceptions contained in subdivision (a) of this Rule. The stay is effective when approved by the court.
(e)(e) Stay in favor of the State, etc. When an appeal is taken by or at the direction of the State or a county, or by an officer or agency of the State or a county, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.
(g)(g) Power of supreme court and intermediate court of appeals not limited. The provisions in this rule do not limit any power of the supreme court or of the intermediate court of appeals or of a justice or judge thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant a restraining order during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the decree subsequently to be entered.
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
The exceptions come first, and they are the ones that matter in family court. Unless the court orders otherwise, a temporary order or judgment containing a restraining order, an order of sequestration, an order appointing a receiver, a judgment or order directing an accounting, or an order for the payment of child support directly or by income assignment is not stayed during the period after entry. Support keeps running while the losing party takes its next step.
A stay pending a post-trial motion is discretionary. On such conditions for the security of the adverse party as are proper, the court may stay proceedings to enforce a judgment or order while a Rule 59 motion or a Rule 60 motion for relief is pending.
Restraining orders on appeal have their own provision: the court may suspend, modify, restore or grant a restraining order during the appeal, on terms as to bond or otherwise that protect the adverse party. A stay on appeal generally is available on conditions the court allows, subject to the subdivision (a) exceptions, and is effective when the court approves it.
No bond is required where the State or a county appeals. And nothing in the rule limits the power of the supreme court or the intermediate court of appeals, or a judge of either, to stay proceedings or preserve the status quo during an appeal.
Frequently Asked Questions
Is child support stayed while an appeal is pending in Hawaii?
No. An order for the payment of child support, directly or by income assignment, is excepted from the automatic stay unless the court orders otherwise.
Which other orders are not automatically stayed?
A restraining order, an order of sequestration, an order appointing a receiver, and a judgment or order directing an accounting.
Can I get a stay while my new trial motion is pending?
The court may grant one in its discretion, on conditions for the security of the adverse party that it considers proper.
How is a stay obtained on appeal?
On such conditions as the court may allow, subject to the exceptions in subdivision (a). The stay is effective when approved by the court.
Does the State have to post a bond?
No. Where the State or a county appeals and enforcement is stayed, no bond, obligation or other security is required.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 62). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
Also known as:stay pending appeal hawaii family courtis child support stayed on appeal hawaiisupersedeas hawaii family courthawaii family court rule 62