Rule 62.Stay of Proceedings to Enforce a Judgment.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 62 sets a default twenty-day pause before a judgment can be enforced, lets the court stay enforcement during a Rule 60 motion or an appeal involving an injunction, and lets an appellant obtain a stay by posting a supersedeas bond.
(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, 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 an interlocutory 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. When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. 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. The stay is effective when the supersedeas bond is approved by the court. The requirement of a supersedeas bond shall not apply to the State of Rhode Island in cases in which it is the appellant.
(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.
(f)Power of Judicial Officers Not Limited. The provisions of this rule do not limit the statutory power of any judicial officer to stay execution upon motion and for cause shown.
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
Rule 62 controls when a winning party can collect on a judgment. As a default, no one can execute on a judgment or take steps to enforce it until twenty days after it is entered, or until the time to appeal has run. That automatic pause does not apply to an interlocutory or permanent injunction or to a judgment in a receivership action, which take effect right away unless the court orders otherwise.
If a party has filed a motion for relief from judgment under Rule 60, the court can use its discretion to stay enforcement while that motion is pending, on whatever conditions protect the other side. Separately, when a case involving an injunction goes up on appeal, the court can suspend, modify, restore, or grant the injunction during the appeal, subject to review by the Supreme Court and on terms — such as a bond — that protect the other party.
An appellant can also obtain a stay by posting a supersedeas bond, which becomes effective once the court approves it; the State of Rhode Island does not have to post one when it is the appellant. When a court enters a final judgment on fewer than all claims or parties under Rule 54(b), it can stay enforcement of that judgment until later judgments are entered, and set conditions to protect the party who won. None of this limits any other statutory authority a judicial officer has to stay execution for cause shown.
Frequently Asked Questions
How long after judgment must I wait before I can enforce it?
As a default, twenty days after entry of the judgment, or until the time for appeal has expired, whichever applies. That automatic pause does not apply to an interlocutory or permanent injunction or to a judgment in a receivership action, which take effect right away unless the court orders otherwise.
What is a supersedeas bond and how does it pause enforcement on appeal?
It is a bond an appellant posts to obtain a stay of enforcement while an appeal is pending. The stay becomes effective once the court approves the bond, and it can be given when the notice of appeal is filed or afterward. The State of Rhode Island does not have to post a supersedeas bond when it appeals.
Can enforcement of a judgment be paused while a Rule 60 motion is pending?
Yes. The court has discretion to stay execution of or proceedings to enforce a judgment while a motion for relief from that judgment under Rule 60 is pending, on whatever conditions protect the other party.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. 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 July 8, 2026. ·
Official source
Also known as:stay of judgment rhode islandstay enforcement of judgmentsupersedeas bond rhode islandautomatic 20 day staystay pending appealinjunction pending appeal staystay to enforce judgmentrule 62 civil procedure