Rule 62.Stay of Proceedings to Enforce a Judgment

Part VII. Judgment · Last amended June 1, 1992 · Last verified September 4, 2026

In one sentenceRule 62 stays enforcement of a judgment while the appeal period runs, and adds a domestic relations subsection: an appeal stays the nisi period only if it challenges the dissolution of the marriage itself.

Full Text of Rule 62

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Automatic Stay; Exceptions--Injunctions and Receiverships. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the time for appeal from the judgment has expired. In the District Court, in the case of a default judgment, no execution shall issue until 10 days after entry of such judgment. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal. (Identical to Mass.R.Civ.P. 62(a))

(b) Stay on Motion to Vacate Judgment. 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. (Identical to Mass.R.Civ.P. 62(b))

(c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. (Identical to Mass.R.Civ.P. 62(c))

(d) Deleted.

(e) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of the appellate court or of a single justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. (Identical to Mass.R.Civ.P. 62(e))

(f) Stay of Judgment as to Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated in Rule 54(b), 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. (Identical to Mass.R.Civ.P. 62(f))

(g) Stay of Nisi Period in Divorce Cases. The filing of an appeal shall stay the running of the nisi period as provided by Rule 58(c) only if the claim of appeal is from that portion of the judgment nisi which dissolved the marriage. If the appeal is subsequently dismissed by the appellate court, the judgment shall become absolute as of ninety days from the date of the judgment nisi. Unless the court otherwise orders, the filing of an appeal shall not stay the operation:

(i) of any other aspect of a divorce judgment; or

(ii) of any other order or judgment of the court relative to custody, visitation, alimony, support, or maintenance.

End

Rule History

Amended December 15, 1986, effective January 2, 1987; amended June 8, 1989, effective July 1, 1989; amended April 29, 1992, effective June 1, 1992.

Comments

Rule 62(g) has been added to clarify the difference between the stay of the nisi period pending an appeal from the permissive stay of any other terms of a judgment pending an appeal.

Plain-English Summary

Rule 62 keeps five of the civil rule's six subsections, deletes one, and adds a seventh with no civil counterpart. The Comments block explains what (g) was for.

The automatic stay

Except as the rule states, no execution issues and no enforcement proceedings are taken until the time for appeal has expired. But an interlocutory or final judgment in an action for an injunction or in a receivership action is not stayed after entry, before an appeal, or during one, unless the court orders otherwise. Subsection (c) governs suspending, modifying, restoring or granting an injunction pending appeal, on such terms as to bond or otherwise as the court considers proper.

Subsection (b) lets the court stay execution pending disposition of a Rule 60 motion, in its discretion and on proper conditions for the adverse party's security. Subsection (e) preserves the appellate court's own powers. Subsection (f) allows a stay of a Rule 54(b) partial judgment until later judgments enter. Subsection (d) — the civil rule's general stay upon appeal — is deleted.

The nisi period on appeal

Subsection (g) is the domestic relations provision, and it draws a line most readers need drawn. The filing of an appeal stays the running of the nisi period under Rule 58(c) only if the claim of appeal is from that portion of the judgment nisi which dissolved the marriage.

And it says expressly what an appeal does not stay. Unless the court orders otherwise, filing an appeal does not stay the operation:

of any other aspect of a divorce judgment; or
of any other order or judgment of the court relative to custody, visitation, alimony, support, or maintenance.

So an appeal from the property division or the support order leaves both in force and lets the divorce become absolute on schedule. The Comments say the subsection was added to clarify the difference between the stay of the nisi period and the permissive stay of any other term of a judgment pending appeal.

If the appeal is later dismissed by the appellate court, the judgment becomes absolute as of ninety days from the date of the judgment nisi — the same original-date rule Rule 58(c) applies to a dismissed objection.

Frequently Asked Questions

Does filing an appeal stop a divorce from becoming absolute?

Only if the appeal is from the portion of the judgment nisi that dissolved the marriage. Rule 62(g) provides that the filing of an appeal stays the running of the nisi period as provided by Rule 58(c) only in that case.

Does an appeal suspend a custody or support order?

No, unless the court orders otherwise. Rule 62(g) provides that the filing of an appeal shall not stay the operation of any other aspect of a divorce judgment, or of any other order or judgment of the court relative to custody, visitation, alimony, support or maintenance.

Is an injunction stayed by an appeal?

Not automatically. Rule 62(a) provides that unless otherwise ordered, an interlocutory or final judgment in an action for an injunction or in a receivership action is not stayed during the period after entry and until an appeal is taken, or during the pendency of an appeal. Rule 62(c) governs suspending, modifying, restoring or granting an injunction during an appeal.

Can enforcement be stayed while a Rule 60 motion is pending?

Rule 62(b) allows the court, in its discretion and on such conditions for the security of the adverse party as are proper, to stay execution of or proceedings to enforce a judgment pending disposition of a motion for relief under Rule 60.

What happens if my appeal is dismissed?

Rule 62(g) provides that the judgment shall become absolute as of ninety days from the date of the judgment nisi.

Source & verification. Rule text, Rule History and Comments reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: stay of proceedingsautomatic staystay pending appealnisi period stayexecution stayed62(g)custodyvisitationalimonysupportappeal does not stay supportdivorce