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Massachusetts Domestic Relations Procedure Rule 62: Stay of Proceedings to Enforce a Judgment

[Disclaimer]

(a) Automatic Stay; Exceptions--Injunctions and Receiverships. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the time for appeal from the judgment has expired. In the District Court, in the case of a default judgment, no execution shall issue until 10 days after entry of such judgment. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal. Identical to Mass.R.Civ.P. 62(a)

(b) Stay on Motion to Vacate Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for relief from a judgment or order made pursuant to Rule 60. Identical to Mass.R.Civ.P. 62(b)

(c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. Identical to Mass.R.Civ.P. 62(c)

(d) Deleted.

(e) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of the appellate court or of a single justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. Identical to Mass.R.Civ.P. 62(e)

(f) Stay of Judgment as to Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered. Identical to Mass.R.Civ.P. 62(f)

(g) Stay of Nisi Period in Divorce Cases. The filing of an appeal shall stay the running of the nisi period as provided by Rule 58(c) only if the claim of appeal is from that portion of the judgment nisi which dissolved the marriage. If the appeal is subsequently dismissed by the appellate court, the judgment shall become absolute as of ninety days from the date of the judgment nisi. Unless the court otherwise orders, the filing of an appeal shall not stay the operation:

(i) of any other aspect of a divorce judgment; or

(ii) of any other order or judgment of the court relative to custody, visitation, alimony, support, or maintenance.