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RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

July 25, 2011

RULE 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.

[As amended July 1, 1979.]

RULE 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.

[As amended July 1, 1979; as amended by order entered January 28, 2000, effective July 1, 2000; and by order entered December 21, 2010, effective July 1, 2011.]

Advisory Commission Comments [2011]. The amendment of Rule 62.02 corrects an erroneous cross-reference, changing “59.02” to “59.07.”

RULE 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. [As amended July 1, 1979.]

RULE 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. [As amended July 1, 1979.]

RULE 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 a poor 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. [As amended July 1, 1979, and by order entered January 31, 1984, effective August 20, 1984;and by order filed January 31, 2003, effective July 1, 2003.]

RULE 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. [As amended July 1, 1979, and by order entered January 23, 1986, effective August 1, 1986.]

RULE 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. [As amended July 1, 1979.]

RULE 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. [As amended July 1, 1979.]

RULE 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. [Added July 1, 1979.]

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. 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.]

Advisory Commission Comment [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.

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