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Rule 62.04.Stay of judgment upon multiple claims.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 62.04 lets a court that has entered final judgment on some but not all claims in a multi-claim action, under the conditions of Rule 54.02, stay enforcement of that judgment until later judgments are entered and set conditions to protect the party who won.

Full Text of Rule 62.04

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When a court has granted a final judgment on some but not all of the claims presented in the action under the conditions stated in Rule 54.02, 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

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

Some cases involve multiple claims that do not all get resolved at once. Rule 54.02 allows a court to enter a final judgment on some claims while others remain pending. Rule 62.04 addresses what happens to enforcement of that partial judgment while the rest of the case continues.

The court may stay enforcement of the final judgment until it enters judgment on the remaining claims. This prevents a party from collecting on one part of a case while related claims are still being litigated, which could complicate matters if the later judgments affect the overall outcome. The court can also set conditions to secure the benefit of the judgment for the party who won it, protecting that party's interests during the delay.

Frequently Asked Questions

If I win judgment on one claim but other claims in the case are still pending, can I enforce it right away?

Not always. Rule 62.04 lets the court stay enforcement of a final judgment on some claims until it decides the remaining claims in the action.

Does Rule 62.04 apply to any partial judgment?

It applies to a final judgment entered on some but not all claims under the conditions stated in Rule 54.02.

Can the court protect the winning party while enforcement is stayed under Rule 62.04?

Yes. The rule allows the court to prescribe conditions necessary to secure the benefit of the judgment for the party in whose favor it was entered.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 62.04). 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 62.04 KentuckyCR 62.04stay of judgment multiple claimspartial final judgment enforcement stayRule 54.02 stay pending remaining claims