Motion to Delay (Stay) Enforcement of a Judgment

Asking to delay enforcement of judgment

After the court has entered a judgment, a party can ask the court to delay enforcement (or "stay" enforcement) of the judgment. This is done by filing a motion to delay enforcement of the judgment.

If the court grants the motion to delay enforcement, the other party cannot enforce the judgment. For example, in a debt collection case, the creditor cannot start garnishment proceedings if a motion to delay enforcement has been granted.

Usually the motion to delay enforcement must be filed with another request that challenges or changes the judgments, such as:

• a motion to set aside judgment.
• an appeal of the judgment.
• a motion to alter or amend the judgment or for a new trial under Utah Rule of Civil Procedure 59.
• a motion to amend findings under Utah Rule of Civil Procedure 52.
• a motion for directed verdict under Utah Rule of Civil Procedure 50.

If granted, the delay remains in effect until the court resolves the request to challenge or change the judgment.

Utah Rule of Civil Procedure 62.

Bond

If you file a motion to delay enforcement, the court may require you to deposit money (or a promise to pay money) with the court while the motion is pending. This is called a bond or a security. The court holds the bond while the challenge to the judgment is pending. The bond protects the other party from loss or damage caused by the delay.

A bond is not needed in all cases, but if you are asking to delay enforcement of an order of restitution in an eviction case or requesting a delay because you are filing an appeal,  you must post a bond.

Eviction Cases

Consider getting legal advice if you want to file a Motion to Delay an order of restitution in an eviction case. The Motion to Delay will only slow, but not stop, the eviction. If you want to ask the court to stop the eviction you can also file a Motion to Set Aside.

If you file a Motion to Delay for an order of restitution the court might ask for a bond. The bond amount would have to be in an amount that is enough to pay the landlord's probable costs, attorney fees, and damages (including unpaid rent) if the court decides in favor of the landlord. Any prepaid rent is a portion of the tenant's bond. See the Eviction web page for more information on damages.

Getting legal advice can help you understand your options. See our page on Finding Legal Help for information on how to get legal help.

Utah Code 78B-6-812(2)(b) and 78B-6-808(4)(b).

Appeals

If you file a motion to delay enforcement because you are filing an appeal, you must post a special type of bond called a "supersedeas bond." This requirement applies to appeals in small claims cases. If you post a supersedeas bond you do not need to post a cost bond. Utah Rule of Small Claims Procedure 12(e)

If you post a supersedeas bond you do not need to post a cost bond. See the Appeals web page for more information about cost bonds. See Utah Rule of Civil Procedure 62(i) and (j) for more information about supersedeas bonds.

Utah Rule of Appellate Procedure 6.

Will Your Motion be Decided by a Judge or Commissioner?

Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures. If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. Motions decided by a commissioner are governed by URCP 101.

See the Motions web page for more information about the difference in procedures and timelines depending on who is deciding the motion.

If you need the court to consider your motion sooner, contact the court deciding your motion to ask about options.

Forms

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Information about filing documents in existing cases by email

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Forms for Motions Decided by a Judge

Moving Party

Required forms for the moving party

• Motion to Delay Enforcement of Judgment - PDF | Word
• Request to Submit for Decision - PDF | Word
• Order on Motion to Delay Enforcement of Judgment - PDF | Word

Optional forms for the moving party

• Stipulation - PDF | Word
  (if the other party agrees to the motion after it has been filed)
• Statement Supporting the Motion - PDF | Word
  (if someone other than the moving party has a statement to make)
• Reply Memorandum Supporting Motion - PDF | Word
  (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
• Notice of Hearing - PDF | Word
  (if a hearing is requested)

Opposing Party

Required forms for the opposing party

• Memorandum Opposing the Motion - PDF | Word

Optional forms for the opposing party

• Stipulation - PDF | Word
  (if the opposing party agrees to the motion after it has been filed)
• Counter Motion - PDF | Word
  (if the opposing party has new arguments to make not presented in the moving party's motion)
• Notice of Hearing - PDF | Word
  (if a hearing is requested)
• Request to Submit for Decision - PDF | Word
  (if the other party has not filed this document)
• Order on Motion to Stay Execution of Judgment - PDF | Word
  (if the opposing party is directed to complete the order)

Forms for Motions Decided by a Commissioner

Moving Party

Required forms for the moving party

• Motion to Delay Enforcement of Judgment - Commissioner - PDF | Word
• Notice of Hearing - PDF | Word
• Order on Motion to Delay Enforcement of Judgment - PDF | Word

Optional forms for the moving party

• Affidavit in Support of Exhibit - PDF | Word
  (to be used with exhibits, if any)
• Exhibit Summary - PDF | Word
  (to be used to describe voluminous exhibits, if any)
• Stipulation - PDF | Word
  (if the other party agrees to the motion after it has been filed)
• Statement Supporting the Motion - PDF | Word
  (if someone other than the moving party has a statement to make)
• Reply Memorandum Supporting Motion - PDF | Word
  (if the other party has disagreed with the motion and the moving party wishes to respond)

Opposing Party

Required forms for the opposing party

• Memorandum Opposing the Motion - PDF | Word

Optional forms for the opposing party

• Stipulation - PDF | Word
  (if the opposing party agrees to the motion after it has been filed)
• Counter Motion - PDF | Word
  (if the opposing party has new arguments to make not presented in the moving party's motion)
• Notice of Hearing - PDF | Word
  (if a hearing is requested)
• Request to Submit for Decision - PDF | Word
  (if the other party has not filed this document)
• Order on Motion to Stay Execution of Judgment - PDF | Word
  (if the opposing party is directed to complete the order)

Related Information

• Default Judgment
• Filing Procedures
• Finding Legal Help
• Free Legal Clinics
• Going to Court
• How to Collect a Judgment
• Mediation
• Motions
• Serving Papers
• Utah Rule of Civil Procedure 60(b)
• Utah Rule of Civil Procedure 62(b)

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