Rule 807.Stay of Proceedings to Enforce a Judgment
Part VIII. Judgments; Post-Decree and Post-Judgment Proceedings · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 807
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 807 answers a question that matters the day a judgment enters: does anything stop collection?
No automatic stay
Execution on a judgment and proceedings to enforce are not stayed unless the court, in its discretion and on proper conditions for the adverse party's security, directs otherwise.
Nor is a judgment in an action for an injunction or writ of mandate, or in a receivership action, stayed after entry, while an appeal is being filed, or during the appeal.
Stays pending post-judgment motions
On appropriate terms for the opposing party's security, the court may stay execution pending disposition of a motion for judgment as a matter of law, a motion to amend or add findings under Rule 801, a motion for a new trial or to alter or amend under Rule 804, or a motion for relief under Rule 805.
This is the provision that answers Rule 805(c)(2), which says a motion does not suspend the judgment's operation. It does not — but Rule 807(b) lets the court order a stay while the motion is pending.
Injunctions on appeal
While an appeal is pending from an order or judgment granting, dissolving or denying an injunction or writ of mandate, the court may suspend, modify, restore, or grant one on terms for bond or other terms securing the opposing party's rights.
Appeal, and the State
On appeal from the district court to the Supreme Court, proceedings on the judgment appealed from are stayed as provided by the Idaho Appellate Rules.
The court must not require a bond or other security when granting a stay on an appeal by Idaho or its officers, agencies or subdivisions.
Two more
The rule does not limit the power of the Supreme Court, a district court acting in its appellate capacity, or one of its judges, to stay proceedings or adjust an injunction while an appeal is pending, or to issue an order preserving the status quo or the effectiveness of the judgment to be entered.
And where a final partial judgment has been entered under Rule 802(b), the court may stay its enforcement until it enters a later judgment, prescribing terms to secure the benefit of the stayed judgment for the party who won it.
Frequently Asked Questions
Does entering a judgment stop the other side from collecting?
The opposite. Rule 807(a) provides that execution on a judgment and proceedings to enforce it are not stayed unless the court, in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs.
Can I get a stay while my post-judgment motion is pending?
Yes. Rule 807(b) allows the court, on appropriate terms for the opposing party's security, to stay execution pending disposition of a motion for judgment as a matter of law, to amend or add findings under Rule 801, for a new trial or to alter or amend under Rule 804, or for relief under Rule 805.
What happens on appeal?
Rule 807(d) provides that when an appeal is taken from the district court to the Supreme Court, the proceedings in the district court on the judgment or order appealed from are stayed as provided by the Idaho Appellate Rules.
Does the State have to post a bond for a stay?
No. Rule 807(e) provides that the court must not require a bond, obligation or other security from the appellant when granting a stay on an appeal by the state of Idaho or its officers, agencies or subdivisions.
Can enforcement of a partial judgment be stayed?
Yes. Rule 807(g) allows the court to stay enforcement of a final partial judgment entered under Rule 802(b) until it enters a later judgment, and to prescribe terms to secure the benefit of the stayed judgment for the party in whose favor it was entered.