(a) Automatic Stay; Exceptions. Except as stated herein or as otherwise provided by statute or by order of the court for good cause shown, no execution shall be issued upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty days after its entry. 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.
Rule 62.Stay of Proceedings to Enforce a Judgment
Chapter VII: Judgment · Last amended July 1, 1997 · Last verified July 14, 2026
In one sentenceRule 62 puts a thirty-day automatic hold on enforcing most judgments, lets a party ask the court to stay enforcement while specific post-trial motions are pending, and gives the court discretion over injunctions while an appeal is underway.
Full Text of Rule 62
(b) Stay on Motion. Upon a motion, the court may, in its discretion and on such conditions for the security of the adverse party as are proper, stay the execution of or any proceedings to enforce a judgment pending the disposition of: (i) a motion for new trial pursuant to Rule 59; (ii) a motion to alter or amend a judgment made pursuant to Rule 59(e); (iii) a motion for relief from a judgment or order made pursuant to Rule 60(b); (iv) a motion for judgment notwithstanding the verdict made pursuant to Rule 50(b); or (v) a motion for amendment to the findings or for additional finding made pursuant to Rule 52(b).
(c) Injunction Pending Appeal. When an interlocutory or final judgment has been rendered granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of an appeal from such judgment upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. The power of the court to make such an order is not terminated by the taking of the appeal.
(d) Stay Upon Appeal. When an appeal is taken, the appellant, when and as authorized by statute or otherwise, may obtain a stay subject to the exceptions contained in subdivision (a) of this rule.
(e) [Omitted].
(f) Stay in Favor of the State of Mississippi or Agency Thereof. When an appeal is taken by the State of Mississippi or an officer or agency thereof or by direction of any department of the government of same and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required of the appellant.
(g) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of an appellate court or of a judge or 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.
(h) Stay of Judgment Upon Multiple Claims or as to 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.
Advisory Committee Notes
Subdivision (e) of the Federal Rules applies to stays in favor of the United States; it is omitted from the Mississippi Rules of Civil Procedure.
Amendment History
Effective July 1, 1997, Rule 62(a) was amended to clarify that the stay of enforcement of a judgment expires ten days after the later of the entry of the judgment or the disposition of a motion for a new trial, and Rule 62(b) was amended to state that a court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion to set aside a verdict made pursuant to Rule 50(b). 689-692 So. 2d XLIX (West Miss. Cas. 1997).
Plain-English Summary
Rule 62(a) holds off enforcement of most judgments for a fixed window: no execution can issue and no proceeding to enforce a judgment can go forward until thirty days after entry, unless the rule itself, another statute, or a court order for good cause provides otherwise. That automatic pause doesn't apply to judgments granting or denying an injunction or to judgments in a receivership action — those take effect immediately unless the court orders otherwise, because subdivision (c) governs how injunctive relief is handled while an appeal is pending.
Rule 62(b) lets a party ask the court, on motion, to stay execution or enforcement while five specific kinds of post-trial motions are pending: a motion for new trial under Rule 59, a motion to alter or amend the judgment under Rule 59(e), a motion for relief from judgment under Rule 60(b), a motion for judgment notwithstanding the verdict under Rule 50(b), or a motion for amended or additional findings under Rule 52(b). The court can condition that stay on security to protect the other side. Subdivision (c) separately gives the court discretion to suspend, modify, restore, or grant an injunction while an appeal from a judgment granting, dissolving, or denying that injunction is pending, on whatever bond terms it considers proper — a power the taking of the appeal doesn't cut off.
The remaining subdivisions round out the picture. Subdivision (d) lets an appellant obtain a stay when authorized by statute or otherwise, subject to the exceptions in subdivision (a). Subdivision (f) excuses the State of Mississippi and its officers or agencies from posting bond or other security to get a stay. Subdivision (g) makes clear the rule doesn't limit an appellate court's own power to stay proceedings, adjust an injunction, or otherwise preserve the status quo during an appeal. Subdivision (h) lets a court that has entered a partial final judgment under Rule 54(b) stay enforcement of that judgment until the remaining claims or parties are resolved, on whatever conditions protect the party who won it.
Frequently Asked Questions
How long does a party have before a money judgment against them can be enforced?
Rule 62(a) gives a thirty-day automatic stay running from entry of the judgment, during which no execution can issue and no enforcement proceeding can be taken, unless the rule, another statute, or a court order for good cause says otherwise.
Does the automatic thirty-day stay apply to an injunction or a receivership judgment?
No. Rule 62(a) specifically excludes interlocutory or final judgments in an action for an injunction or in a receivership action from the automatic stay, unless the court orders otherwise. Those cases are instead governed by the court's discretionary authority under subdivision (c).
What motions can support a stay of enforcement under Rule 62(b)?
Does the State of Mississippi have to post a bond to get a stay pending appeal?
No. Rule 62(f) states that when the State of Mississippi, or an officer or agency of the state, takes an appeal and the judgment's operation or enforcement is stayed, no bond, obligation, or other security is required of the appellant.
What does Rule 62(h) do for a case with multiple claims or multiple parties?
When the court has entered a final judgment on some claims or as to some parties under the conditions in Rule 54(b), Rule 62(h) lets the court stay enforcement of that judgment until a later judgment or judgments are entered, and it may set conditions to protect the party who obtained the judgment.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: ms automatic stay of judgmentthirty day stay of execution mississippistay pending motion for new trial msinjunction pending appeal mississippi rulesupersedeas mississippi civil judgment