Rule 121.Stay of Proceedings to Enforce a Judgment

Last verified July 8, 2026

In one sentenceRule 121 bars an automatic stay, absent a court order, of an interlocutory or final judgment addressing parental rights and responsibilities, child support or residency, or separate support or personal liberty, pending appeal, and otherwise applies Rule 62's general stay procedure to Family Division judgments.

Full Text of Rule 121

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Unless otherwise ordered by the court, an interlocutory or final judgment in an order addressing parental rights and responsibilities, residency and support of minor children or the separate support or personal liberty of a person shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal.

Rule 62 shall govern the practice for a stay of a judgment or enforcement or a judgment.

Advisory Committee’s Notes & Reporter’s Notes

Advisory Notes — June 2008

Rule 121 relating to a stay of proceedings to enforce a judgment incorporates Rule 62 by reference.

Plain-English Summary

Unless the court orders otherwise, a judgment addressing parental rights and responsibilities, the residency or support of minor children, or the separate support or personal liberty of a person isn't automatically stayed after entry, whether or not an appeal is taken or pending. Rule 62 governs staying a judgment or its enforcement in every other respect.

Frequently Asked Questions

Does filing an appeal automatically stay a Maine Family Division judgment on parental rights?

No. Rule 121 keeps those judgments in effect during and after the appeal period unless the court orders a stay.

What rule governs staying a Family Division judgment generally?

Rule 62, the same rule that governs stays in ordinary civil actions.

Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 121), prescribed by the Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: stay of family court judgment Maineappeal does not stay custody orderRule 121 Maine family division