(a) Automatic stay; exceptions - Injunctions, receiverships, and accountings. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action, or a judgment or order directing an accounting 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 an injunction during the pendency of an appeal.
Rule 62.Stay of Proceedings to Enforce a Judgment.
Last verified July 3, 2026
In one sentenceRule 62 controls when a judgment can be enforced, including the automatic 10-day stay after entry, stays pending post-trial motions or appeal, and injunctions pending appeal.
Full Text of Rule 62
(b) 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, or of a motion for judgment in accordance with a motion for a directed verdict made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b), or when justice so requires in other cases until such time as the court may fix.
(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 upon appeal. When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.
(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 (Release: 12/.21) county, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.
(f) Reserved.
(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 an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.
(h) 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.
Amendment History
Amended April 7, 1980, effective April 7, 1980
Plain-English Summary
Ordinarily, no execution or enforcement proceeding can begin until 10 days after a judgment is entered, but injunctions, receivership judgments, and accounting orders aren't automatically stayed at all during that period or while an appeal is pending, unless the court orders otherwise. While a motion for a new trial, to alter or amend judgment, for relief from judgment, for judgment under Rule 50, or to amend findings under Rule 52(b) is pending, the court can stay enforcement on whatever security terms protect the other side, and it can do the same in other cases whenever justice requires, until a time the court fixes.
Once an appeal is taken from a judgment granting, dissolving, or denying an injunction, the court can suspend, modify, restore, or grant an injunction during the appeal on whatever bond terms protect the other party's rights, and an appellant who posts a supersedeas bond gets an automatic stay, effective once the court approves the bond, subject to the same exceptions for injunctions and similar judgments. No bond is required when the State, a county, or one of their officers or agencies takes the appeal. None of this limits the supreme court's or the intermediate court of appeals' own power to stay proceedings, adjust an injunction, or otherwise preserve the status quo during an appeal, and when a court has certified a partial final judgment under Rule 54(b), it can stay enforcement of that judgment until the remaining judgments are entered.
Frequently Asked Questions
How soon after judgment can a winning party start enforcing it?
Not until 10 days after entry, except that injunctions, receivership judgments, and accounting orders aren't automatically stayed at all unless the court orders otherwise.
Can a party get an automatic stay by posting a bond on appeal?
Yes. Rule 62(d) lets an appellant obtain a stay by giving a supersedeas bond, effective once the court approves it, subject to the exceptions for injunctions and similar judgments.
Does the State have to post a bond to get a stay pending appeal?
No. Rule 62(e) exempts the State, a county, and their officers and agencies from the bond requirement.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 62). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: stay of enforcement of judgmentsupersedeas bondinjunction pending appeal