(a) Automatic stay; exceptions – Injunctions and receiverships. – Except as otherwise stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of the time provided in the controlling statute or rule of appellate procedure for giving notice of appeal from the 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 section (c) 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.
Last amended 2014 · Last verified July 3, 2026
In one sentenceRule 62 automatically stays enforcement of most judgments until the appeal window closes, gives courts discretion to extend or adjust that stay in several other situations, and carries its own carve-out for injunctions and receiverships.
Full Text of Rule 62
(b) Stay on motion for new trial or for 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 a new trial or to alter or amend a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b). If the time provided in the controlling statute or rule of appellate procedure for giving notice of appeal from the judgment had not expired before a stay under this subsection was entered, that time shall begin to run immediately upon the expiration of any stay under this section, and no execution shall issue nor shall proceedings be taken for enforcement of the judgment until the expiration of that time.
(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.
(d) Stay upon appeal. – When an appeal is taken, the appellant may obtain a stay of execution, subject to the exceptions contained in section (a), by proceeding in accordance with and subject to the conditions of G.S. 1-289, G.S. 1-290, G.S. 1-291, G.S. 1-292, G.S. 1-293, G.S. 1-294, and G.S. 1-295. When stay is had by giving supersedeas bond, the bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal as the case may be, and stay is then effective when the supersedeas bond is approved by the court.
(e) Stay in favor of North Carolina, city, county, local board of education, or agency thereof. – When an appeal is taken by the State of North Carolina, or a city or a county thereof, a local board of education, or an officer in his official capacity or agency thereof or by direction of any department or agency of the State of North Carolina or a city or county thereof or a local board of education and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.
(f) Power of appellate court not limited. – The provisions of 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.
(g) 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.
(h) Right to immediate interlocutory appeal of order granting or denying injunctive relief in as-applied constitutional challenge. – Notwithstanding any other provision of law, a party shall have the right of immediate appeal (i) from an adverse ruling by a trial court granting or denying interlocutory, temporary, or permanent injunctive or declaratory relief restraining the State or a political subdivision of the State from enforcing the operation or execution of an act of the General Assembly as applied against a party in a civil action or (ii) from an adverse ruling by a trial court denying a motion to stay an injunction restraining the State or a political subdivision of the State from enforcing the operation or execution of an act of the General Assembly as applied against a party in a civil action. This subsection only applies where the State or a political subdivision of the State is a party in the civil action. This subsection does not apply to facial challenges heard by a three-judge panel pursuant to G.S. 1-267.1.
Amendment History
(1967, c. 954, s. 1; 1973, c. 91; 1979, c. 820, s. 10; 1987, c. 462, s. 1; 1989, c. 377, ss. 3, 4; 2014-100, s. 18B.16(d).)
Plain-English Summary
Rule 62(a) automatically stays execution or enforcement of a judgment until the time to give notice of appeal has run, with one exception: an interlocutory or final judgment in an injunction or receivership action isn't automatically stayed during that same window or during the appeal itself, unless the court orders otherwise. Section (c) separately governs suspending, modifying, restoring, or granting an injunction while an appeal is pending.
Rule 62(b) lets the court, in its discretion and on terms that protect the other side, stay enforcement pending a Rule 59 motion for a new trial or to alter or amend the judgment, a Rule 60 motion for relief from judgment, a Rule 50 motion for judgment, or a Rule 52(b) motion for additional findings; if the appeal-notice window hadn't already expired when this kind of stay began, that window starts running again once the stay ends. Rule 62(c) lets the court suspend, modify, restore, or grant an injunction while an appeal from an injunction ruling is pending, on terms that protect the other side's rights.
Rule 62(d) lets an appellant obtain a stay of execution by posting a supersedeas bond under the specific General Statutes sections that govern it, effective once the court approves the bond. Rule 62(e) excuses the State of North Carolina, a city, a county, a local school board, or an officer or agency of any of them from posting a bond to stay a judgment on appeal. Rule 62(f) makes clear that none of this limits an appellate court's own power to stay proceedings, adjust an injunction, or otherwise preserve the status quo or the effectiveness of a judgment still to come. Rule 62(g) lets the court stay a Rule 54(b) partial final judgment until the remaining claims or parties are resolved, on whatever conditions protect the judgment's benefit to the prevailing party.
Rule 62(h) gives a party an immediate right to appeal a trial court ruling that grants or denies injunctive or declaratory relief restraining the State or one of its political subdivisions from enforcing a General Assembly act against that party, or that denies a motion to stay such an injunction -- available only when the State or a political subdivision is itself a party, and not when a facial challenge is instead heard by a three-judge panel.
Frequently Asked Questions
Is a judgment automatically put on hold once it's entered?
Generally yes -- Rule 62(a) stays execution and enforcement until the time to give notice of appeal expires, except that an injunction or receivership judgment isn't automatically stayed unless the court orders it.
How does a party get a stay while an appeal is pending?
Rule 62(d) lets an appellant obtain a stay by posting a supersedeas bond under the governing General Statutes sections, effective once the court approves the bond.
Does the State have to post a bond to stay a judgment on appeal?
No. Rule 62(e) excuses the State of North Carolina, a city, a county, a local school board, and their officers and agencies from that requirement.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 62). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: automatic stay of executionstay pending appealsupersedeas bondinjunction pending appealstay of multiple claims judgmentstay in favor of the stateinterlocutory appeal of injunctive relief rulingstay of enforcement of judgment