60-262.Stay of proceedings to enforcejudgment.(a) Automatic stay; exceptions -- injunctions andreceiverships. Except as stated herein, no execution shall issue upon ajudgment nor shall proceedings be taken for its enforcement until theexpiration of 10 days after its entry. Unless otherwiseordered bythe court, an interlocutory or final judgment in an action for aninjunction or in a receivership action, shall not be stayed during theperiod after its entry and until an appeal is taken or during the pendencyof an appeal. The provisions of subsection (c) govern thesuspending, modifying, restoring, or granting of an injunction during thependency of an appeal.
(b) Stay on motion for new trial or for judgment. In itsdiscretion and on such conditions for the security of the adverse party asare proper, the court may stay the execution of or any proceedings toenforce a judgment pending the disposition of a motion for a new trial orto alter or amend a judgment made pursuant to K.S.A. 60-259, and amendmentsthereto, or of a motionfor relief from a judgment or order made pursuant to K.S.A. 60-260, andamendments thereto, or ofa motion for judgmentas a matter of lawmade pursuant to K.S.A. 60-250, and amendments thereto, or of a motion foramendment to the findingsor for additional findings made pursuant to subsection (b) of K.S.A. 60-252.
(c) Injunction pending appeal. When an appeal is taken from aninterlocutory or final judgment granting, dissolving, or denying aninjunction, the judge in such judge's discretion may suspend,modify, restore,orgrant an injunction during the pendency of the appeal upon such terms as tobond or otherwise as it considers proper for the security of the rights ofthe adverse party.
(d) Stay upon appeal. When an appeal is taken the appellant bygiving a supersedeas bond may obtain a stay subject to the exceptionscontained in subsection (a). The bond may be given at orafter the time of filing the notice of appeal. The stay is effective whenthe supersedeas bond is approved by the court.
(e) Stay in favor of the state or agency thereof. When an appeal istaken by the state or an officer or agency thereof or by direction of anydepartment of the state and the operation or enforcement of the judgment isstayed, no bond, obligation, or other security shall be required from theappellant.
(f) Power of appellate court not limited. The provisions in thissection do not limit any power of the appellate court or of a judge orjustice thereof to stay proceedings during the pendency of an appeal or tosuspend, modify, restore, or grant an injunction during the pendency of anappeal or to make any order appropriate to preserve the status quo orthe effectiveness of the judgment subsequently to be entered.
(g) Stay of judgment upon multiple claims. When a court has ordereda final judgment on some but not all of the claims presented in the actionunder the conditions stated in subsection (b) of K.S.A.60-254, and amendments thereto, the court may stayenforcement of that judgment until the entering of a subsequent judgment orjudgments and may prescribe such conditions as are necessary to secure thebenefit thereof to the party in whose favor the judgment is entered.
History: L. 1963, ch. 303, 60-262; L. 1976, ch. 251, § 6;L. 1997, ch. 173, § 30; July 1.
60-262.Stay of proceedings to enforcejudgment.(a) Automatic stay; exceptions -- injunctions andreceiverships. Except as stated herein, no execution shall issue upon ajudgment nor shall proceedings be taken for its enforcement until theexpiration of 10 days after its entry. Unless otherwiseordered bythe court, an interlocutory or final judgment in an action for aninjunction or in a receivership action, shall not be stayed during theperiod after its entry and until an appeal is taken or during the pendencyof an appeal. The provisions of subsection (c) govern thesuspending, modifying, restoring, or granting of an injunction during thependency of an appeal.
(b) Stay on motion for new trial or for judgment. In itsdiscretion and on such conditions for the security of the adverse party asare proper, the court may stay the execution of or any proceedings toenforce a judgment pending the disposition of a motion for a new trial orto alter or amend a judgment made pursuant to K.S.A. 60-259, and amendmentsthereto, or of a motionfor relief from a judgment or order made pursuant to K.S.A. 60-260, andamendments thereto, or ofa motion for judgmentas a matter of lawmade pursuant to K.S.A. 60-250, and amendments thereto, or of a motion foramendment to the findingsor for additional findings made pursuant to subsection (b) of K.S.A. 60-252.
(c) Injunction pending appeal. When an appeal is taken from aninterlocutory or final judgment granting, dissolving, or denying aninjunction, the judge in such judge's discretion may suspend,modify, restore,orgrant an injunction during the pendency of the appeal upon such terms as tobond or otherwise as it considers proper for the security of the rights ofthe adverse party.
(d) Stay upon appeal. When an appeal is taken the appellant bygiving a supersedeas bond may obtain a stay subject to the exceptionscontained in subsection (a). The bond may be given at orafter the time of filing the notice of appeal. The stay is effective whenthe supersedeas bond is approved by the court.
(e) Stay in favor of the state or agency thereof. When an appeal istaken by the state or an officer or agency thereof or by direction of anydepartment of the state and the operation or enforcement of the judgment isstayed, no bond, obligation, or other security shall be required from theappellant.
(f) Power of appellate court not limited. The provisions in thissection do not limit any power of the appellate court or of a judge orjustice thereof to stay proceedings during the pendency of an appeal or tosuspend, modify, restore, or grant an injunction during the pendency of anappeal or to make any order appropriate to preserve the status quo orthe effectiveness of the judgment subsequently to be entered.
(g) Stay of judgment upon multiple claims. When a court has ordereda final judgment on some but not all of the claims presented in the actionunder the conditions stated in subsection (b) of K.S.A.60-254, and amendments thereto, the court may stayenforcement of that judgment until the entering of a subsequent judgment orjudgments and may prescribe such conditions as are necessary to secure thebenefit thereof to the party in whose favor the judgment is entered.
History: L. 1963, ch. 303, 60-262; L. 1976, ch. 251, § 6;L. 1997, ch. 173, § 30; July 1.
60-262.Stay of proceedings to enforcejudgment.(a) Automatic stay; exceptions -- injunctions andreceiverships. Except as stated herein, no execution shall issue upon ajudgment nor shall proceedings be taken for its enforcement until theexpiration of 10 days after its entry. Unless otherwiseordered bythe court, an interlocutory or final judgment in an action for aninjunction or in a receivership action, shall not be stayed during theperiod after its entry and until an appeal is taken or during the pendencyof an appeal. The provisions of subsection (c) govern thesuspending, modifying, restoring, or granting of an injunction during thependency of an appeal.
(b) Stay on motion for new trial or for judgment. In itsdiscretion and on such conditions for the security of the adverse party asare proper, the court may stay the execution of or any proceedings toenforce a judgment pending the disposition of a motion for a new trial orto alter or amend a judgment made pursuant to K.S.A. 60-259, and amendmentsthereto, or of a motionfor relief from a judgment or order made pursuant to K.S.A. 60-260, andamendments thereto, or ofa motion for judgmentas a matter of lawmade pursuant to K.S.A. 60-250, and amendments thereto, or of a motion foramendment to the findingsor for additional findings made pursuant to subsection (b) of K.S.A. 60-252.
(c) Injunction pending appeal. When an appeal is taken from aninterlocutory or final judgment granting, dissolving, or denying aninjunction, the judge in such judge's discretion may suspend,modify, restore,orgrant an injunction during the pendency of the appeal upon such terms as tobond or otherwise as it considers proper for the security of the rights ofthe adverse party.
(d) Stay upon appeal. When an appeal is taken the appellant bygiving a supersedeas bond may obtain a stay subject to the exceptionscontained in subsection (a). The bond may be given at orafter the time of filing the notice of appeal. The stay is effective whenthe supersedeas bond is approved by the court.
(e) Stay in favor of the state or agency thereof. When an appeal istaken by the state or an officer or agency thereof or by direction of anydepartment of the state and the operation or enforcement of the judgment isstayed, no bond, obligation, or other security shall be required from theappellant.
(f) Power of appellate court not limited. The provisions in thissection do not limit any power of the appellate court or of a judge orjustice thereof to stay proceedings during the pendency of an appeal or tosuspend, modify, restore, or grant an injunction during the pendency of anappeal or to make any order appropriate to preserve the status quo orthe effectiveness of the judgment subsequently to be entered.
(g) Stay of judgment upon multiple claims. When a court has ordereda final judgment on some but not all of the claims presented in the actionunder the conditions stated in subsection (b) of K.S.A.60-254, and amendments thereto, the court may stayenforcement of that judgment until the entering of a subsequent judgment orjudgments and may prescribe such conditions as are necessary to secure thebenefit thereof to the party in whose favor the judgment is entered.
History: L. 1963, ch. 303, 60-262; L. 1976, ch. 251, § 6;L. 1997, ch. 173, § 30; July 1.
