(a) Automatic stay; Except as stated in this rule, execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise.
Rule 62.Stay of proceedings to enforce a judgment
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 62 automatically stays execution of a judgment for 30 days after entry, lets a party obtain a stay at any point by posting a bond or other security, gives the court discretion to stay enforcement pending certain post-trial motions or an appeal, and lets the court set terms protecting the judgment's beneficiary during a Rule 54(b) partial-judgment stay.
Full Text of Rule 62
(b) Stay by Bond or other security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security.
(c) Discretionary stay. 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 to alter or amend a judgment made pursuant to Rule 59(e), or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).
(d) Stay of judgment as to multiple claims or multiple parties. A court may stay the enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.
(e) Stay of judgment pending appeal. On motion and on such conditions for the security of the opposing party as are proper, the court may stay the issuance of execution upon a judgment and any other proceedings for its enforcement for such reasonable time, to be specified by the court in the stay order, as will enable the moving party to present to an appellate court an appeal from the judgment.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
A judgment doesn't become immediately enforceable the moment it's entered — Rule 62 builds in breathing room. Unless the court orders otherwise, execution and enforcement of a judgment are automatically stayed for 30 days after entry. Beyond that automatic window, a party can obtain its own stay at any time by posting a bond or other security, effective once the court approves it and lasting as long as the security specifies.
The court also has discretion to stay enforcement — on whatever security terms protect the other side — while a Rule 59(e) motion to alter or amend judgment, a Rule 60 motion for relief from judgment, or a Rule 52(b) motion for additional findings is pending. When a judgment covers only some of multiple claims or parties under Rule 54(b), the court can stay its enforcement until later judgments catch up, setting whatever terms preserve the benefit of the already-entered judgment. And once an appeal is on the way, the court can stay execution for whatever reasonable time, on proper security terms, lets the moving party present the appeal to the appellate court.
Frequently Asked Questions
Is a judgment immediately enforceable once it's entered?
No. Rule 62(a) automatically stays execution and enforcement for 30 days after entry, unless the court orders otherwise.
How can I get a stay beyond the automatic 30-day period?
Post a bond or other security — the stay takes effect once the court approves it and lasts as long as the bond or security specifies.
Can enforcement be stayed while a post-trial motion is pending?
Yes, at the court's discretion, while a motion to alter or amend judgment, a motion for relief from judgment, or a motion for additional findings is pending, on security terms that protect the other side.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 62). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: automatic stay of judgmentsupersedeas bondstay pending appeal