[§641-3]  Stay of proceedings to enforce a
judgment.  (a)  This section applies to civil cases in which the rules of
court as to stay of proceedings to enforce a judgment do not apply, unless
otherwise provided by statute.



(b)  No execution shall issue upon a judgment
nor shall proceedings be taken for its enforcement until the expiration of ten
days after its entry.  The court, upon good cause shown, may allow execution to
issue or other appropriate action to be taken for the enforcement of the
judgment within the ten-day period unless, within such time as shall be allowed
by the court, a stay is obtained under subsection (c) or (d).



(c)  In its discretion and on such conditions
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 other motion,
or when justice so requires in other cases until such time as the court may
fix.



(d)  When an appeal is taken the appellant by
giving a supersedeas bond may obtain a stay.  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.



(e)  Notwithstanding the foregoing, there shall
be no stay of an appealable order for counsel fee, suit money, temporary
alimony, or other provisional order of a like nature made before final judgment
in the cause, if the appellee shall give a bond in such amount and with such
sureties as the court requires, conditioned for indemnification of the
appellant for all damages that the appellant may sustain by reason of the
payment or performance of the order, in case the appeal shall be sustained.



(f)  Within the meaning of this section
"judgment" includes a decree and any order from which an appeal lies.
[L 1892, c 57, §71; am L 1903, c 32, §17; RL 1925, §2512; RL 1935, §3504; RL
1945, §9506; RL 1955, §208-6; HRS §641-5; am L 1970, c 188, §39; am L 1972, c
89, pt of §5; ren HRS §641-3; gen ch 1985]



 



General Note



 



  See HRCP rule 62.  See also appended chapter note, pts. I A8,
I D8, II B.



 



Cases decided before adoption of the Hawaii Rules of Civil
Procedure.



  Pending appeal, decree should not be enforced in whole or in
part.  20 H. 370; 20 H. 682.  Appeals from judgment in habeas corpus
proceedings stay execution.  13 H. 534; 19 H. 346; 26 H. 701.  While
supersedeas operates, statute of limitations suspended.  20 H. 370.  An
abortive appeal, until disposed of, operates as a supersedeas.  20 H. 370.  Re
stay pending interlocutory appeal.  26 H. 69.  That part of section permitting
execution to issue pending appeal does not apply to district court cases
wherein jury trial is demandable of right.  14 H. 524.  But see 15 H. 590,
where amendment to statute was upheld and execution ordered to issue in
accordance therewith.  Executions pending appeal apply to proceedings for
summary possession as well as to other proceedings and cannot issue unless upon
good cause shown and an opportunity to file supersedeas bond.  15 H. 624.  In
cases other than for the nonpayment of rent, an appeal from a judgment of
summary possession does not operate as a supersedeas.  27 H. 362.  Liability to
execution notwithstanding appeal does not detract from the adequacy of the remedy
of assumpsit at law.  27 H. 308.  Bond:  on appeal by guardian from money
judgment against guardian on accounting, not exempt from bond requirement.  27
H. 129.  Effect of appeal on sequestration:  33 H. 725; appeal as stay, 33 H.
911.



 



Case Notes



 



  Regarding amount of supersedeas bond in tenant's appeal from
judgment awarding possession of land.  58 H. 546, 574 P.2d 128.



  Supersedeas bond, filed within appeal period, constituted
sufficient notice of appeal to correct prematurely filed notice.  58 H. 552,
574 P.2d 884.



  Confers right of appeal on the State in nine instances, but
not including pretrial discovery orders.  71 H. 304, 788 P.2d 1281.