A. IMMEDIATE EXECUTION; DISCRETIONARY STAY Execution or other proceeding to enforce a judgment may issue immediately upon the entry of the judgment, unless the court directing entry of the judgment, in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs. The court shall have authority to stay execution of a judgment temporarily until the filing of a notice of appeal and to stay execution of a judgment pending disposition of an appeal, as provided in ORS 19.335, 19.340 and 19.350 or other provision of law.
Rule 72.Stay of Proceedings to Enforce Judgment
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 72 lets a court pause enforcement of a judgment through a bond or other security while an appeal or another proceeding is pending, and excuses government bodies from having to post security to get that pause.
Full Text of Rule 72
B. OTHER STAYS This rule does not limit the right of a party to a stay otherwise provided for by these rules or other statute or rule.
C. STAY OR INJUNCTION IN FAVOR OF PUBLIC BODY The federal government, any of its public corporations or commissions, the state, any of its public corporations or commissions, a county, a municipal corporation, or other similar public body shall not be required to furnish any bond or other security when a stay is granted by authority of section A. of this rule in any action to which it is a party or is responsible for payment or performance of the judgment.
D. STAY OF JUDGMENT AS TO MULTIPLE CLAIMS OR MULTIPLE PARTIES If a court enters a limited judgment under the provisions of Rule 67 B, the court may stay enforcement of the judgment and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
Amendment History
[CCP 12/13/80; § A amended by CCP 12/14/96; § A amended by 1997 c.71 § 18 , 10/4/97; § D amended by 2003 c.576 § 263 eff. 1/1/04]
Plain-English Summary
Once a judgment is entered, Rule 72 lets the winning party start collecting right away — unless the judge who entered it orders a stay, usually on conditions that protect the other side’s security. The rule also gives the court authority to pause execution for a short window while a party decides whether to appeal, and then through the length of the appeal itself, following the timing set out in Oregon’s appeal statutes. None of this displaces any other stay a party might be entitled to under a different rule or statute.
Two further protections apply in specific situations. Government bodies — federal, state, county, or municipal, along with their public corporations and commissions — don’t have to post a bond or other security to get a stay when they’re a party to the case or responsible for paying the judgment. And when a court enters a limited judgment under Rule 67B, covering only some of the claims or parties in a case, it can stay enforcement of that judgment and attach whatever conditions are needed to protect the party who won it.
Frequently Asked Questions
Can the winning party start collecting on a judgment right away?
Yes. Execution or another proceeding to enforce a judgment may issue as soon as the judgment is entered, unless the court that entered it directs otherwise and sets conditions to protect the other side.
Does a government agency have to post a bond to get a stay of a judgment?
No. The federal government, the state, a county, a municipal corporation, and their public corporations and commissions don’t have to furnish a bond or other security to get a stay under this rule when they’re a party to the case or responsible for paying or performing the judgment.
What happens to enforcement when a court resolves only part of a case?
If the court enters a limited judgment covering some but not all of the claims or parties under Rule 67B, it can stay enforcement of that judgment and set whatever conditions are needed to protect the party who won it.
Can I still get a stay under a different rule or statute?
Yes. Rule 72 doesn’t limit any other right to a stay that another rule or statute provides.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 72). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
Also known as: stay of execution oregonstay a judgment pending appeal oregonpause enforcement of a judgment oregonsupersedeas oregonoregon bond to stay a judgment