A motion for a new trial or to alter, amend or vacate a judgment made pursuant to Rule 59, or a motion for judgment in accordance with a motion for a directed verdict made pursuant to Rule 50, or a motion for amendment to the findings or for additional findings made pursuant to Rule 52.02 shall operate to stay the execution of or any proceedings to enforce a judgment pending the disposition of any such motion or motions, provided that such motion is filed with the court within the time prescribed for the making of or service of such motion. 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 relief from a judgment or order made pursuant to Rule 60. Unless otherwise ordered by the court, a final judgment in an action for an injunction shall not be stayed during the period after its entry and until an appeal is taken.
Rule 62.01.Motions after verdict or judgment.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 62.01 automatically stays execution of a judgment while a timely motion for new trial, to alter or amend, for judgment under Rule 50, or for additional findings under Rule 52.02 is pending, lets the court discretionarily stay enforcement pending a Rule 60 motion, and generally does not stay an injunction judgment pending appeal.
Full Text of Rule 62.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 62.01 controls whether a judgment can be enforced while certain post-trial motions are still pending. If a party timely files a motion for a new trial or to alter, amend, or vacate a judgment under Rule 59, a motion for judgment under Rule 50, or a motion for additional findings under Rule 52.02, execution of the judgment is stayed automatically. The other side cannot enforce the judgment until the court resolves the motion.
A motion for relief from judgment under Rule 60 works differently. It does not stay enforcement on its own. The court has discretion to stay execution while that motion is pending, and it can attach conditions to protect the opposing party's security.
The rule also addresses injunctions. Unless the court orders otherwise, a final judgment granting an injunction is not stayed during the period after entry and before an appeal is taken. Injunctive relief remains in force even while the losing party decides whether to appeal.
Frequently Asked Questions
Does filing a motion for a new trial stop the other side from enforcing the judgment?
Yes, if the motion is filed within the time the rule requires. Rule 62.01 automatically stays execution of the judgment while a timely motion for a new trial, to alter or amend, for judgment under Rule 50, or for additional findings under Rule 52.02 is pending.
Does a Rule 60 motion automatically stop enforcement of a judgment?
No. Rule 62.01 gives the court discretion to stay enforcement while a Rule 60 motion is pending, on conditions that protect the adverse party, but the stay is not automatic.
Is an injunction paused automatically while the losing party decides whether to appeal?
No. Rule 62.01 states that a final judgment for an injunction is not stayed during the period after entry and before an appeal is taken, unless the court orders otherwise.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 62.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: Rule 62.01 KentuckyCR 62.01stay of execution after motion for new trialautomatic stay of judgment Kentuckystay pending Rule 60 motion