State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_62

Rule 62. Stay of proceedingsto enforce a judgment.

(a)        Automatic stay;exceptions – Injunctions and receiverships. – Except as otherwise statedherein, no execution shall issue upon a judgment nor shall proceedings be takenfor its enforcement until the expiration of the time provided in thecontrolling statute or rule of appellate procedure for giving notice of appealfrom the judgment.  Unless otherwise ordered by the court, an interlocutory orfinal judgment in an action for an injunction or in a receivership action shallnot be stayed during the period after its entry and until an appeal is taken orduring the pendency of an appeal.  The provisions of section (c) govern thesuspending, modifying, restoring, or granting of an injunction during the pendencyof an appeal.

(b)        Stay on motion fornew trial or for judgment. – In its discretion and on such conditions for thesecurity of the adverse party as are proper, the court may stay the executionof or any proceedings to enforce a judgment pending the disposition of a motionfor a new trial or to alter or amend a judgment made pursuant to Rule 59, or ofa motion for relief from a judgment or order made pursuant to Rule 60, or of amotion for judgment made pursuant to Rule 50, or of a motion for amendment tothe findings or for additional findings made pursuant to Rule 52(b).  If thetime provided in the controlling statute or rule of appellate procedure forgiving notice of appeal from the judgment had not expired before a stay underthis subsection was entered, that time shall begin to run immediately upon theexpiration of any stay under this section, and no execution shall issue norshall proceedings be taken for enforcement of the judgment until the expirationof that time.

(c)        Injunction pendingappeal. – When an appeal is taken from an interlocutory or final judgmentgranting, dissolving, or denying an injunction, the court in its discretion maysuspend, modify, restore, or grant an injunction during the pendency of theappeal upon such terms as to bond or otherwise as it considers proper for thesecurity of the rights of the adverse party.

(d)        Stay upon appeal. –When an appeal is taken, the appellant may obtain a stay of execution, subjectto the exceptions contained in section (a), by proceeding in accordance withand subject to the conditions of G.S. 1‑289, G.S. 1‑290, G.S. 1‑291,G.S. 1‑292, G.S. 1‑293, G.S. 1‑294, and G.S. 1‑295.

When stay is had by givingsupersedeas bond, the bond may be given at or after the time of filing thenotice of appeal or of procuring the order allowing the appeal as the case maybe, and stay is then effective when the supersedeas bond is approved by thecourt.

(e)        Stay in favor ofNorth Carolina, city, county, local board of education, or agency thereof. –When an appeal is taken by the State of North Carolina, or a city or a countythereof, a local board of education, or an officer in his official capacity oragency thereof or by direction of any department or agency of the State ofNorth Carolina or a city or county thereof or a local board of education andthe operation or enforcement of the judgment is stayed, no bond, obligation, orother security shall be required from the appellant.

(f)         Power of appellatecourt not limited. – The provisions of this rule do not limit any power of anappellate court or of a judge or justice thereof to stay proceedings during thependency of an appeal or to suspend, modify, restore, or grant an injunctionduring the pendency of an appeal or to make any order appropriate to preservethe status quo or the effectiveness of the judgment subsequently to be entered.

(g)        Stay of judgment asto multiple claims or multiple parties. – When a court has ordered a finaljudgment under the conditions stated in Rule 54(b), 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. (1967,c. 954, s. 1; 1973, c. 91; 1979, c. 820, s. 10; 1987, c. 462, s. 1; 1989, c.377, ss. 3, 4.)