62.01 Initial Stay; Exceptions. Except as otherwise provided in this rule, no execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry. In injunction and receivership actions, and in actions that remove a public officer as otherwise provided by law or that award, change or otherwise affect the custody of a minor child, an interlocutory or final judgment shall not be stayed after entry unless otherwise ordered by the court and upon such terms as to bond or otherwise as it deems proper to secure the other party. The party in whose favor judgment is entered may also obtain execution or take proceedings to enforce the judgment prior to expiration of the 30-day period if the party against whom judgment is entered is about fraudulently to dispose of, conceal or remove his or her property, thereby endangering satisfaction of the judgment.
Rule 62.Stay of Proceedings to Enforce a Judgment
Last amended July 1, 1979 · Last verified July 2, 2026
In one sentenceRule 62 automatically stays enforcement of a judgment for 30 days after entry, and further stays it through the pendency of certain timely post-trial motions, but exempts injunction, receivership, officer-removal, and child-custody judgments from the automatic stay, and requires a bond for a stay pending appeal beyond those automatic windows.
Full Text of Rule 62
62.02 Additional Stay on Specified Timely Motions. The execution of or any proceedings to enforce a judgment shall also be stayed pending and for 30 days after entry of any of the following orders made upon timely motion: (1) granting or denying a motion under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) granting or denying a motion under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) granting or denying a motion under Rule 59.04 to alter or amend the judgment; and (4) denying a motion under Rule 59.07 for a new trial.
62.03 Relief Pending Appeal. When an appeal is taken from an interlocutory or final judgment in actions specified in Rule 62.01 or in actions for alimony or child support, the court in its discretion may suspend relief or grant whatever additional or modified relief is deemed appropriate during the pendency of the appeal and upon such terms as to bond or otherwise as it deems proper to secure the other party.
62.04 Stay on Appeal. Except as otherwise provided in Rule 62.01, when an appeal is taken the appellant by giving a bond may obtain a stay. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the bond is approved by the court.
62.05 Bond for Stay. A bond for stay shall have sufficient surety and:
1 If an appeal is from a judgment directing the payment of money, the bond shall be conditioned to secure the payment of the judgment in full, interest, damages for delay, and costs on appeal; in cases involving judgments payable in periodic installments, bond shall be fixed in such a manner as the court shall deem sufficient;
2 If an appeal is from a judgment ordering the assignment, sale, delivery or possession of personal or real property, the bond shall be conditioned to secure obedience of the judgment and payment for the use, occupancy, detention and damage or waste of the property from the time of appeal until delivery of possession of the property and costs on appeal. If the appellant places personal property in the custody of an officer designated by the court, such fact shall be considered by the court in fixing the amount of the bond. A party may proceed as an indigent person without giving any security as provided in Rule 18 of the Tennessee Rules of Appellate Procedure. Upon motion submitted to the trial court and for good cause shown, the bond for stay may be set in an amount less than that called for in the first sentence of this section of this rule. In ruling on such a motion, the trial court may consider all appropriate factors including, but not limited to, the appealing party's financial condition and the amount of the appealing party's insurance coverage, if any. If the motion is granted, the party may obtain a stay by giving such security as the court deems proper. If leave to obtain a stay required by this rule is denied, the court shall state in writing the reasons for denial.
3 If the amount of a judgment is fully bonded as provided in subsection (1), the court upon motion may order the judgment creditor to remove any judgment lien from the register's office.
62.06 Stay in Favor of the State or Agency Thereof. When an appeal is taken by the state, a county, a municipal corporation, or an officer or agency thereof acting in its behalf, the judgment may be stayed in the court's discretion. If the court grants a stay, no stay or cost bond or other security shall be required from the appellant. Notwithstanding the foregoing, the bond or other security for a government officer shall not be waived pursuant to this subsection except to the extent the governmental entity is financially responsible if the appeal is unsuccessful.
62.07 Power of Trial Court not Limited. Nothing in this rule shall be construed to limit the power of the court in exceptional cases to stay proceedings on any other terms or conditions as the court deems proper.
62.08 Power of Appellate Court not Limited. Nothing in this rule shall be construed to limit the power of an appellate court or a judge thereof to stay proceedings or to suspend relief or grant whatever additional or modified relief is deemed appropriate during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of any judgment that may subsequently be entered.
62.09 Entry, Enforcement or Stay of Judgment as to Multiple Claims or Multiple Parties. If the trial court grants permission to appeal under Rule 9(a) of the Tennessee Rules of Appellate Procedure as to one or more but fewer than all the claims and all of the parties in an action involving multiple claims or multiple parties, the trial court may enter a judgment and stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such terms as to bond or otherwise as it deems proper to secure the party in whose favor the judgment is entered. The bond may be given at or after the time permission to appeal is granted. The stay is effective when the bond is approved by the court.
Advisory Commission Comments
Advisory Commission Comments [2000].
The amendment of Rule 62.02 conforms the language to renumbered paragraphs in Rule 59.
Advisory Commission Comments [2003].
Rule 62.05(3) is a procedure needed to prevent abuse when a judgment creditor unnecessarily files a judgment lien despite the judgment being fully bonded. Some trial judges have heretofore been sympathetic with a judgment debtor's plight but found no vehicle for relief.
Amendment History
- Added July 1, 1979.
Plain-English Summary
Rule 62.01 automatically stays execution or enforcement of a judgment for 30 days after it is entered, with no bond required — except for judgments in injunction and receivership actions, judgments removing a public officer, and judgments awarding, changing, or otherwise affecting custody of a minor child, none of which get this automatic stay unless the court separately orders one. A judgment creditor can also skip the 30-day wait and enforce immediately if the debtor is about to fraudulently dispose of, conceal, or remove property in a way that would endanger collecting on the judgment.
Rule 62.02 extends that same automatic, bond-free stay through the pendency of, and for 30 days after, a ruling on certain timely post-trial motions — a motion for judgment consistent with an earlier directed-verdict motion, a motion to amend or add findings, a motion to alter or amend the judgment, or a denial of a motion for a new trial. Combined with Rule 62.01’s initial 30 days, this creates a continuous automatic stay running from judgment through the deadline for filing a notice of appeal, without the judgment creditor needing to post any security during that window.
Rule 62.03 lets the trial court, in the categories of cases excluded from the automatic stay — plus alimony and child support cases — suspend relief or grant different or additional relief while an appeal is pending, on whatever bond or other terms protect the other party. Rule 62.04 and 62.05 cover a stay obtained by the party appealing: except in the categories Rule 62.01 excludes, an appellant can get a stay by posting a bond, effective once the court approves it, with the bond’s conditions depending on what kind of judgment is being appealed — full payment security, interest, and appeal costs for a money judgment; security for the property’s use and any waste or damage for a judgment affecting property, unless the appellant proceeds as an indigent party. A court can, on motion and for good cause, set a smaller bond than the rule would otherwise require, considering the appealing party’s finances and insurance coverage, and must explain in writing if it denies a request to reduce the bond. Once a money judgment is fully bonded, the court can order any judgment lien removed from the register’s records.
Rule 62.06 lets a court stay a judgment against the state, a county, a municipality, or an officer or agency acting on their behalf without requiring any bond or other security — though that waiver does not excuse an individual officer’s own bond obligation beyond what the government’s own financial responsibility would cover. Rule 62.07 preserves the trial court’s power to stay proceedings on other terms in exceptional cases, and Rule 62.08 preserves an appellate court’s own, separate power to stay proceedings, suspend or modify relief, or otherwise protect the status quo while an appeal is pending. Rule 62.09 lets a trial court that has permitted an interlocutory appeal on fewer than all claims or parties enter judgment and stay its enforcement until a later, fuller judgment is entered, with bond terms the court sets to protect the party who prevailed.
Frequently Asked Questions
How long after judgment before it can be enforced?
Ordinarily 30 days. Rule 62.01 automatically stays enforcement for 30 days after entry, with no bond required, except for judgments in injunction, receivership, officer-removal, and child-custody cases.
Does filing a notice of appeal automatically stay enforcement of a judgment?
Not by itself. Rule 62.04 requires the appellant to post a court-approved bond to obtain a stay pending appeal, beyond the automatic stays Rules 62.01 and 62.02 already provide.
Does the state have to post a bond to get a stay pending appeal?
No. Rule 62.06 lets a court stay a judgment against the state, a county, a municipality, or an officer or agency acting on their behalf without requiring any bond or other security.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 62). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: stay of executionsupersedeas bondautomatic stay of judgment
Advisory Commission Comments.
The statutory provisions for immediate issuance of execution are contained in Tenn. Code Ann. § 26-1-206 et seq. These statutes are not affected by the provisions of this Rule. Rule 62.01 provides that in certain circumstances an interlocutory or final judgment is not stayed after entry. These are injunction and receivership actions, and actions that remove a public officer, or that award, change, or otherwise affect the custody of a minor child. The statutory provision for immediate execution contained in Tenn. Code Ann. § 26-1-206(a) is also not affected by the automatic stay provision of this rule. In addition, Rule 62.03 provides that even after an appeal is taken the trial court does not lose its authority to grant any additional or modified relief during the pendency of an appeal in actions specified in Rule 62.01 or in actions for alimony or child support. 62.09. Entry, Enforcement or Stay of Judgment as to Multiple Claims or Multiple Parties.
Finally, Rule 62.04 makes clear that except as otherwise provided in Rule 62.01, the mere taking of an appeal does not operate to stay execution upon a judgment. Instead, a stay may be obtained only by giving a bond, the conditions of which are specified in Rule 62.05. The costs on appeal that must be included in the bond are set forth in Rule 40(c) of the Tennessee Rules of Appellate Procedure. If a party is unable to supply any security, the party may be exempted from the bond provisions. Similarly persons who cannot provide security in the full amount specified in Rule 62.05 may make a motion to have the amount of security reduced. Summary review of the trial court's determination under this rule may be had in accordance with Tennessee Rule of Appellate Procedure 7. [1979.]
62.05. The amended language makes it clear that a bond to secure the amount of the judgment could be modified where the judgment debtor has plentiful assets or adequate insurance coverage, as well as where the judgment debtor is financially embarrassed but not a "poor person." The comment to the 1979 amendments led to a contrary implication: "Similarly persons who cannot provide security in the full amount specified in Rule 62.05 may make a motion to have the amount of security reduced." [1984.]
62.06.There are instances where security from a government is not necessary, and the revision is drafted to accommodate those situations, at the same time preserving the victorious litigant's realization of an excess judgment against an individual officer. This revision does not affect the judge's discretion under T.R.C.P. 62.05. [1986.]