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Rule 62.Stay of Proceedings to Enforce a Judgment.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 62 holds off enforcement of a judgment for twenty days after entry, keeps temporary support, temporary custody, injunctions and receivership judgments in force anyway, and makes an appeal a stay with no bond.

Full Text of Rule 62

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Automatic Stay; Exceptions — Injunctions and Receiverships. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of twenty (20) days after its entry or until the time for appeal from the judgment has expired. Unless otherwise ordered by the court, a temporary order of support, a temporary order of custody, an interlocutory or permanent injunction, or a judgment 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.
(b) Stay on Motion to Vacate 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 relief from a judgment or order made pursuant to Rule 60.
(c) Injunction Pending Appeal. When an appeal is taken from a decision pending entry of final or final judgment with respect to an injunction, the court in its discretion, subject to revision by the Supreme Court, may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as the court considers proper for the security of the rights of the adverse party.
(d) Stay Upon Appeal. Except as provided in subdivisions (a) and (c) of this rule, the taking of an appeal from a judgment shall operate as a stay of execution upon the judgment during the pendency of the appeal, and no supersedeas bond or other security shall be required as a condition of such stay.
(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), it 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.
(f) Power of the Judicial Officers Not Limited. The provisions of this rule do not limit the statutory power of any judicial officers to stay execution upon motion and for cause shown.
End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Subdivision (a) gives a short breathing space and then takes it away for the orders families live under. No execution issues and no enforcement proceedings begin until 20 days after entry of the judgment or until the time for appeal has expired. But unless the court orders otherwise, a temporary order of support, a temporary order of custody, an interlocutory or permanent injunction, and a judgment in a receivership action are not stayed — not in the period after entry, not when an appeal is taken, and not while the appeal is pending.

Subdivision (d) is the one to know before filing an appeal. Except for the carve-outs in subdivisions (a) and (c), taking an appeal from a judgment operates as a stay of execution during the appeal, and no supersedeas bond or other security may be required as a condition of that stay. The appeal itself does the work.

Two discretionary stays fill the gaps. Under subdivision (b), while a Rule 60 motion for relief from a judgment or order is pending, the court may stay execution or enforcement on conditions proper to secure the adverse party. Under subdivision (c), when an appeal is taken from a decision pending entry of final judgment or a final judgment concerning an injunction, the court may suspend, modify, restore or grant an injunction during the appeal on terms as to bond or otherwise, subject to revision by the Supreme Court.

The last two subdivisions round it off. Where the court has ordered a final judgment under Rule 54(b), it may stay enforcement until later judgments are entered and prescribe conditions that secure the benefit of the judgment to the party who won it. And nothing here limits a judicial officer's statutory power to stay execution on motion and for cause shown.

Frequently Asked Questions

Can the other side start enforcing a judgment right away?

Not under the general rule. Subdivision (a) bars execution and enforcement proceedings until 20 days after entry of the judgment or until the time for appeal has expired. The orders listed in that same subdivision are the exception.

Does an appeal stop a temporary support or custody order?

No, unless the court orders otherwise. Subdivision (a) says a temporary order of support and a temporary order of custody are not stayed after entry, when an appeal is taken, or during the pendency of the appeal.

Do I have to post a bond to stay a judgment while I appeal?

No. Subdivision (d) says that, apart from subdivisions (a) and (c), taking an appeal operates as a stay of execution during the appeal and no supersedeas bond or other security shall be required as a condition of that stay.

Can enforcement be paused while my motion to vacate is pending?

It can, at the court's discretion. Subdivision (b) lets the court stay execution or enforcement proceedings pending disposition of a Rule 60 motion, on whatever conditions are proper for the security of the adverse party.

What happens to an injunction while the case is on appeal?

Subdivision (c) lets the court suspend, modify, restore or grant an injunction during the appeal, on terms as to bond or otherwise that it considers proper to secure the adverse party's rights. That exercise of discretion is subject to revision by the Supreme Court.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 62). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source
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