Rule 62. Stay of proceedings to enforce a judgment.
(a) Delay in execution. No execution or other writ to enforce a
judgment may issue until the expiration of ten days after entry of judgment,
unless the court in its discretion otherwise directs.
(b) Stay on motion for new trial or for 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 a new trial or to alter or amend a
judgment made pursuant to Rule 59, or of a motion for relief from a judgment or
order made pursuant to Rule 60, or of a motion for judgment in accordance with
a motion for a directed verdict made pursuant to Rule 50, or of a motion for
amendment to the findings or for additional findings made pursuant to Rule
52(b).
(c) Injunction pending appeal. When an appeal is taken from an
interlocutory order 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 conditions as it
considers proper for the security of the rights of the adverse party.
(d) Stay upon appeal. When an appeal is taken, the appellant by giving
a supersedeas bond may obtain a stay, unless such a
stay is otherwise prohibited by law or these rules. The bond may be given at or
after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is approved by the court.
(e)(1) Stay in
favor of the state, or agency thereof. When an appeal is taken by the United
States, the state of Utah, or an officer or agency of either, or by direction
of any department of either, and the operation or enforcement of the judgment
is stayed, no bond, obligation, or other security shall be required from the
appellant.
(e)(2) For
purposes of this rule, a municipality shall not be considered a state agency
exempt from the requirement of posting a bond, obligation, or other security
when appealing a judgment for any amounts in excess of $5,000,000. To stay the
enforcement of any judgment over $5,000,000, the municipality shall be required
to post security with the appellate court in the amount by which the judgment
exceeds the sum of $5,000,000 and for any interest that may accrue during the
appeal.
(f) Stay in quo warranto proceedings. Where
the defendant is adjudged guilty of usurping, intruding into or unlawfully
holding public office, civil or military, within this state, the execution of
the judgment shall not be stayed on an appeal.
(g) Power of appellate court not limited. The provisions in this rule
do not limit any power of an appellate court or of a judge or justice thereof
to stay proceedings or to suspend, modify, restore, or grant an injunction, or
extraordinary relief or to make any order appropriate to preserve the status
quo or the effectiveness of the judgment subsequently to be entered.
(h) Stay of judgment upon multiple claims. When a court has ordered a
final judgment on some but not all of the claims presented in the action 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.
(i) Form of supersedeas
bond; deposit in lieu of bond; waiver of bond; jurisdiction over sureties to be
set forth in undertaking.
(i)(1) A supersedeas bond given
under Subdivision (d) may be either a commercial bond having a surety
authorized to transact insurance business under Title 31A,
or a personal bond having one or more sureties who are residents of Utah having
a collective net worth of at least twice the amount of the bond, exclusive of
property exempt from execution. Sureties on personal bonds shall make and file
an affidavit setting forth in reasonable detail the assets and liabilities of
the surety.
(i)(2) Upon motion and good cause shown, the court may
permit a deposit of money in court or other security to be given in lieu of
giving a supersedeas bond under Subdivision (d).
(i)(3) The parties may by written stipulation waive the
requirement of giving a supersedeas bond under
Subdivision (d) or agree to an alternate form of security.
(i)(4) A supersedeas bond given
pursuant to Subdivision (d) shall provide that each surety submits to the
jurisdiction of the court and irrevocably appoints the clerk of the court as
the surety's agent upon whom any papers affecting the surety's liability on the
bond may be served, and that the surety's liability may be enforced on motion
and upon such notice as the court may require without the necessity of an
independent action.
(j) Amount of supersedeas bond.
(j)(1) Except as
provided in subsection (j)(2), a court shall set the supersedeas
bond in an amount that adequately protects the judgment creditor against loss
or damage occasioned by the appeal and assures payment in the event the
judgment is affirmed. In setting the amount, the court may consider any
relevant factor, including:
(j)(1)(A) the
judgment debtor's ability to pay the judgment;
(j)(1)(B) the
existence and value of security;
(j)(1)(C) the
judgment debtor's opportunity to dissipate assets;
(j)(1)(D) the
judgment debtor's likelihood of success on appeal; and
(j)(1)(E) the
respective harm to the parties from setting a higher or lower amount.
(j)(2)
Notwithstanding subsection (j)(1):
(j)(2)(A) the
presumptive amount of a bond for compensatory damages is the amount of the compensatory
damages plus costs and attorney fees, as applicable, plus 3 years of interest
at the applicable interest rate;
(j)(2)(B) the
bond for compensatory damages shall not exceed $25 million in an action by
plaintiffs certified as a class under Rule 23 or in an action by multiple
plaintiffs in which compensatory damages are not proved for each plaintiff
individually; and
(j)(2)(C) no bond
shall be required for punitive damages.
(j)(3) If the
court permits a bond that is less than the presumptive amount of compensatory
damages, the court may also enter such orders as are necessary to protect the
judgment creditor during the appeal.
(j)(4) If the
court finds that the judgment debtor has violated an order or has otherwise
dissipated assets, the court may set the bond under subsection (j)(1) without
regard to the limits in subsection (j)(2).
(k) Objecting to sufficiency or amount of security. Any party whose
judgment is stayed or sought to be stayed pursuant to Subdivision (d) may
object to the sufficiency of the sureties on the supersedeas
bond or the amount thereof, or to the sufficiency or amount of other security
given to stay the judgment by filing and giving notice of such objection. The
party so objecting shall be entitled to a hearing thereon upon five days notice
or such shorter time as the court may order. The burden of justifying the
sufficiency of the sureties or other security and the amount of the bond or
other security, shall be borne by the party seeking the stay, unless the
objecting party seeks a bond greater than the presumed limits of this rule. The
fact that a supersedeas bond, its surety or other
security is generally permitted under this rule shall not be conclusive as to
its sufficiency or amount.