(a) No automatic stay on entry of judgment. Execution or other proceedings to enforce a judgment may issue immediately on the entry of judgment, unless the court in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or writ of mandate, or in a receivership action, is not stayed during the period after its entry and until the appeal is filed or during the pendency of an appeal. The provisions of subdivision (c) govern the suspending, modifying, restoring, or granting of an injunction or writ of mandate during the pendency of an appeal.
Rule 62.Stay of proceedings to enforce a judgment
Title VIII: Post-Judgment Procedure · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 62 sets the default rule that judgments are enforceable the moment they are entered and spells out the narrow circumstances in which a court may stay that enforcement pending post-trial motions or an appeal.
Full Text of Rule 62
(b) Stay pending the disposition of a motion. On appropriate terms for the opposing party's security, the court may stay the execution of a judgment, or any proceedings to enforce it, pending disposition of any of the following motions:
(1) under Rule 50, for judgment as a matter of law;
(2) under Rule 52(b), to amend the findings or for additional findings;
(3) under Rule 59, for a new trial or to alter or amend a judgment; or
(4) under Rule 60, for relief from a judgment or order.
(c) Injunction or writ of mandate pending an appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves, or denies an injunction or writ of mandate, the court may suspend, modify, restore, or grant an injunction or writ of mandate on terms for bond or other terms that secure the opposing party's rights.
(d) Stay upon appeal. When an appeal is taken from the district court to the Supreme Court, the proceedings in the district court upon the judgment or order appealed from is stayed as provided by the Idaho Appellate Rules.
(e) Stay in favor of the State, subdivision, or agency thereof; Waiver. 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.
(f) Waiver of security. In all cases, the parties may waive the filing of security by written stipulation.
(g) Appellate court's power not limited. This rule does not limit the power of the Supreme Court or a District Court acting in its appellate capacity or one of its justices or judges:
(1) to stay proceedings, or suspend, modify, restore, or grant an injunction, while an appeal is pending; or
(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Winning a judgment does not mean the winner has to wait around for the case to become final before collecting. Rule 62 starts from the premise that a judgment can be enforced right away, whether that means garnishing wages, executing on property, or acting on an injunction. The losing party does not get an automatic pause just by filing a motion or notice of appeal. Judgments involving an injunction, writ of mandate, or a receivership follow the same rule: enforcement continues unless a judge steps in and orders otherwise.
The rest of the rule tells courts how to grant a stay when one is warranted. A judge can pause enforcement while a motion for judgment as a matter of law, a new trial, an amended judgment, or relief from judgment is pending, usually on terms that protect the winning party, such as posting a bond. Courts also keep authority to adjust an injunction while an appeal is pending, and appeals to the Idaho Supreme Court carry their own stay rules under the appellate rules. The State of Idaho and its agencies get a break here too: they never have to post security to get a stay on appeal, and any party can waive the security requirement by written agreement.
Frequently Asked Questions
Can I start collecting on a judgment right after the court enters it?
Generally yes. Rule 62(a) allows execution or other enforcement to begin immediately once judgment is entered, unless a judge orders a stay.
Does filing a motion for a new trial automatically stop enforcement?
No. Rule 62(b) lets a court stay enforcement while motions like a new trial or relief from judgment are pending, but the stay is discretionary and typically comes with conditions protecting the other side.
What happens to an injunction while an appeal is pending?
Rule 62(c) lets the trial court suspend, modify, restore, or grant an injunction while an appeal from that ruling is pending, usually conditioned on a bond that protects the opposing party's rights.
Does the State of Idaho have to post a bond to get a stay?
No. Rule 62(e) exempts the State, its agencies, and its subdivisions from having to post security when they obtain a stay on appeal.
Can the parties agree to skip the security requirement for a stay?
Yes. Rule 62(f) allows the parties to waive the filing of security by written stipulation.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: stay of judgmentstay pending appealstay executionautomatic stay of judgment