(a) Automatic Stay; Exceptions--Injunctions, Receivership, and Accountings. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action, or a judgment or order directing an accounting, 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.
Rule 62.Stay of proceedings to enforce a judgment
Group VII: Judgment · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 62 sets out when a judgment can be enforced immediately and when enforcement must wait, pairing an automatic ten-day stay after most judgments with separate treatment for injunctions, receiverships, accountings, post-trial motions, and appeals secured by a supersedeas bond.
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 in accordance with a motion for a directed verdict made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).
(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, a party, by giving a supersedeas bond, may obtain a stay subject to the exceptions contained in subdivision (a) of this rule and the South Carolina Appellate Court Rules. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the supersedeas as the case may be. The stay is effective when the supersedeas bond is approved by the court.
(e) Stay in Favor of the State or Agency Thereof. When an appeal is taken by the State or an officer or agency thereof or by direction of any department of the Government of the State and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.
(f) Stay According to Statute. The provisions of this Rule 62 shall be considered as cumulative to and not superseding the right of any party to a stay of execution accorded by statute; except that the time limits and provision for supersedeas bond provided by this Rule 62 shall apply in all proceedings for stay of execution or order of supersedeas.
(g) 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. An application for such relief should first be made to the trial court under Rule 62(c) or (d), but when such application is not practicable it may first be made to an appellate court or a judge or justice thereof.
(h) 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.
Notes
Note: This Rule 62 is drawn from the Federal Rule. Rule 62(a) provides for an automatic stay of execution for 10 days in all but injunctive actions or those involving receiverships or accounting. Stays in those proceedings, as well as motions for new trial under Rule 59, for relief from judgment under Rule 60, or for judgment in accordance with a motion for directed verdict under Rule 50, or for amendment of findings under Rule 52(b) are discretionary with the court. Stays of injunctive actions or those on appeal are covered by Rule 62(c) and (d). Rule 62(h) permits stays when some, but not all, claims have been reduced to judgment under Rule 54(b). This Rule replaces Circuit Court Rules 64, 65 and 66, without substantial change. Likewise, Supreme Court Rule 18, which permits the Supreme Court in actions pending in that court to stay proceedings in the court below, is not affected because of the specific language of Rule 62(g).
Note to 1990 Amendment: This amendment modifies Rule 62(d) to make reference to the South Carolina Appellate Court Rules which have replaced the Supreme Court Rules.
Plain-English Summary
Winning a judgment and being able to collect on it are not the same moment. Rule 62 fills the gap between them. Under subsection (a), most judgments carry an automatic ten-day stay — the prevailing party cannot execute on the judgment or take steps to enforce it until that window runs. Judgments granting an injunction, judgments in a receivership action, or orders directing an accounting work differently: unless the court says otherwise, none of those is automatically stayed, because delay in those cases can defeat the relief itself.
Subsection (b) gives the trial court discretion to stay enforcement while it considers certain post-trial motions — for a new trial or to alter the judgment under Rule 59, for relief from judgment under Rule 60, for judgment in accordance with a directed verdict under Rule 50, or for amended or additional findings under Rule 52(b) — and lets the court condition that stay on security for the other side. Subsections (c) and (d) turn to appeals: a court may suspend, modify, restore, or grant an injunction while an appeal from an injunction ruling is pending, and a party seeking a broader stay pending appeal can obtain one by posting a supersedeas bond consistent with the South Carolina Appellate Court Rules, effective once the bond is approved.
The remaining subsections round out the framework. The State, and officers or agencies of the State, need not post security to obtain a stay. A stay available under some other statute survives alongside this rule, though Rule 62's time limits and bond provisions govern the mechanics of any stay of execution. Nothing in the rule limits an appellate court's own power to stay proceedings or preserve the status quo, though a party should first ask the trial court under subsection (c) or (d) where that is practical. And when a judgment resolves only some of multiple claims or parties under Rule 54(b), the court may stay enforcement of that partial judgment until the remaining claims are decided.
Frequently Asked Questions
How long is a judgment automatically stayed in South Carolina?
Ten days from entry, under Rule 62(a), except for judgments granting an injunction, arising from a receivership action, or directing an accounting, which are not automatically stayed unless the court orders it.
Can a party get a stay while a post-trial motion is pending?
Yes. Rule 62(b) lets the court, in its discretion, stay enforcement while it decides a motion for new trial or to alter the judgment, for relief from judgment, for judgment notwithstanding the verdict, or for amended findings, on conditions the court sets for the other party's security.
What is a supersedeas bond used for under Rule 62?
Posting a supersedeas bond under Rule 62(d) is how a party obtains a stay of a judgment while an appeal is pending. The stay takes effect once the court approves the bond.
Does the State have to post a bond to get a stay?
No. Rule 62(e) exempts the State and its officers or agencies from posting security to obtain a stay when the State takes the appeal.
What happens to enforcement when only part of a case has gone to judgment?
Under Rule 62(h), when a court enters final judgment on fewer than all claims or parties under Rule 54(b), the court may stay enforcement of that judgment until the rest of the case is resolved.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: stay of execution South Carolinaautomatic ten day stay judgmentsupersedeas bond South Carolinastay pending appealstay of judgment