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Nevada Rules of Civil Procedure

Rule 62. Stay of Proceedings to Enforce a Judgment

(a)     Automatic Stay; Exceptions for Injunctions and Receiverships.

(1)    In General. Except as stated in this rule, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 30 days have passed after service of written notice of its entry, unless the court orders otherwise.

(2)     Exceptions for Injunctions and Receiverships. An interlocutory or final judgment in an action for an injunction or a receivership is not automatically stayed, unless the court orders otherwise.

(b)     Stay Pending the Disposition of Certain Postjudgment Motions. On appropriate terms for the opposing party’s security, the court may stay execution on a judgment—or any proceedings to enforce it—pending disposition of any of the following motions:

(1)      under Rule 50, for judgment as a matter of law;

(2)      under Rule 52(b), to amend the findings or for additional findings;

(3)     under Rule 59, for a new trial or to alter or amend a judgment; or

(4)    under Rule 60, for relief from a judgment or order.

(c)   Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants or refuses to grant, or dissolves or refuses to dissolve, an injunction, the court may stay, suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing party’s rights.

(d)     Stay Pending an Appeal.

(1)   By Supersedeas Bond. If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(2). The bond may be given upon or after filing the notice of appeal or after obtaining the order allowing the appeal. The stay is effective when the supersedeas bond is filed.

(2)   By Other Bond or Security. If an appeal is taken, a party is entitled to a stay by providing a bond or other security. Unless the court orders otherwise, 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.

(e)    Stay Without Bond on Appeal by the State of Nevada, Its Political Subdivisions, or Their Agencies or Officers. When an appeal is taken by the State or by any county, city, town, or other political subdivision of the State, or an officer or agency thereof, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security is required from the appellant.

(f)      Reserved.

(g)    Appellate Court’s Power Not Limited. This rule does not limit the power of an appellate court or one of its judges or justices:

(1)    to stay proceedings—or suspend, modify, restore, or grant an injunction—while an appeal is pending; or

(2)    to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.

(h) Stay With Multiple Claims or 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.

Advisory Committee Note—2019 Amendment

Subsection (a). Rule 62(a) retains the automatic stay provisions and exceptions in former NRCP 62(a) but updates the language and, tracking the 2018 amendments to FRCP 62(a), extends the automatic stay provided by Rule 62(a)(1) from 10 to 30 days.

Subsection (b). Rule 62(b) retains the language concerning postjudgment motions from the pre-April 2018 federal rule.

Subsection (d). Rule 62(d) adopts provisions from both former NRCP 62(d), which is consistent with the pre-2018 FRCP 62(d), and the 2018 amendments to FRCP 62(b). Rule 62(d)(1) provides for a stay effective on filing of a supersedeas bond. Rule 62(d)(2) is patterned after the 2018 amendments to FRCP 62(b) and provides that, as an alternative to a supersedeas bond, a stay pending appeal may be obtained through a court- approved bond or other security, or a combination of both; a stay under Rule 62(d)(2) takes effect when the court approves the security.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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