Rule 62.Stay of Proceedings to Enforce a Judgment

Last amended July 1, 2017 · Last verified July 1, 2026

In one sentenceRule 62 lets a court stay enforcement of a judgment while post-trial motions are pending, guarantees a stay to an appellant who posts a supersedeas bond, exempts government litigants from posting security, and preserves the authority of appellate courts to issue their own stays.

Full Text of Rule 62

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Stay on motion after judgment

In its discretion and on such conditions for the security of the adverse party as are proper, the court may, upon motion made any time after judgment, stay the execution of that judgment or stay any proceedings to enforce the judgment until the time for moving for a new trial under Civ.R. 59, moving for relief from a judgment or order under Civ.R. 60, moving for judgment notwithstanding the verdict under Civ.R. 50, or filing a notice of appeal, and during the pendency of any motion under Civ.R. 50, Civ.R. 59, or Civ.R. 60.

(B) Stay upon appeal

When an appeal is taken the appellant may obtain a stay of execution of a judgment or any proceedings to enforce a judgment by giving an adequate supersedeas bond. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is approved by the court.

When an appeal is taken by this state or political subdivision, or administrative agency of either, or by any officer thereof acting in his representative capacity and the operation or enforcement of the judgment is stayed, no bond, obligation or other security shall be required from the appellant.

(D) 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.

(E) 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.

End

Amendment History

Effective Date: July 1, 1970

Amended: July 1, 2017

Staff Note (July 1, 2017 Amendment)

Civ.R. 62(A) Stay on motion after judgment

The rule is amended to allow a party to move to stay execution of judgment, or any proceedings to enforce the judgment, at any time after entry of judgment, including before any relief under Civ.R. 50, 59, or 60 is sought or an appeal is filed, as well as during the pendency of any motion seeking relief under Civ.R. 50, 59, or 60.

Plain-English Summary

Division (A) lets the court, on whatever security conditions are proper, stay execution of a judgment or any proceeding to enforce it on motion made after judgment, including while a motion for a new trial, for judgment notwithstanding the verdict, or for relief from judgment under Rule 60 is pending. Division (B) lets an appellant obtain a stay by taking an appeal and giving a supersedeas bond, effective when the court approves the bond, which may be given at or after the time the notice of appeal is filed.

Division (C) exempts this state, a political subdivision, or an officer or agency of either acting in an official capacity from having to give a bond or other security to stay a judgment on appeal. Division (D) makes clear this rule doesn't limit the power of an appellate court, or a judge or justice of one, to stay proceedings during an appeal or to issue any other order needed to protect the parties' rights. Division (E) lets a court that has entered a final judgment on part of a multi-claim or multi-party action under Rule 54(B) stay enforcement of that judgment until a later date, on whatever terms will protect the party who obtained it.

Frequently Asked Questions

How does an appellant guarantee a stay of a judgment while appealing?

By taking the appeal and posting a supersedeas bond; the stay takes effect once the court approves the bond.

Does the state have to post a bond to get a stay pending appeal?

No. Rule 62(C) exempts the state, a political subdivision, and their officers and agencies acting in an official capacity from the bond requirement.

Can a court stay a judgment before any appeal is even filed?

Yes. Rule 62(A) lets the court stay enforcement on motion made after judgment, including while post-trial motions like a new-trial motion or a Rule 60 motion are still pending.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 62). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: supersedeas bondstay pending appealstay of execution