K.S.A. 60-262.Stay of proceedings to enforce judgment

Once a judgment is entered, K.S.A. 60-262 puts an automatic 14-day hold on collecting it: no execution may issue and no proceedings may be taken to enforce the judgment until 14 days have passed after entry. Two categories of judgment fall outside that automatic stay unless the court orders otherwise -- a judgment for an injunction and a judgment for a receivership, neither of which is stayed after entry even if an appeal is taken.

Beyond the automatic 14-day window, the court can stay enforcement, on terms that secure the opposing party, while certain post-trial motions are pending: a motion for judgment as a matter of law under 60-250, a motion to amend findings under 60-252(b), a motion for a new trial or to alter or amend judgment under 60-259, or a motion for relief from judgment under 60-260. While an appeal from an order granting, dissolving, or denying an injunction is pending, the court may suspend, modify, restore, or grant the injunction on bond or other terms that protect the opposing party's rights.

To stay a judgment during an appeal, the appellant may post a supersedeas bond -- except in the injunction and receivership cases described above -- and the stay takes effect once the court approves the bond. The state, its officers, and its agencies don't have to post any bond, obligation, or security to get a stay on their own appeal or one directed by a state department. None of this limits the appellate court's own power to stay proceedings, suspend or grant an injunction while the appeal is pending, or issue an order preserving the status quo or the judgment's effectiveness. And where a judgment is entered on some but not all claims or parties under 60-254(b), the court may stay its enforcement until it enters the later judgment or judgments, on terms that secure the benefit of the stayed judgment for the party who won it.