Motion to Delay (Stay) Enforcement of a Judgment

How do I delay or slow down a court order?

After the court has entered a judgment, you 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, 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 is filed together with another motion. The other motion usually asks the court to change or reconsider the judgment, such as:

• a motion to set aside (undo) 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.

Do I have to pay a bond to get the delay?

When you file a Motion to Delay Enforcement, you must 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.

How much should I post for the bond or security?

The amount of a bond or security is usually the amount of the judgment (minus punitive damages) plus court costs, attorney fees and three years of interest. Your bond or security must be enough to cover the other party’s loss or damage caused by the delay. The court will decide whether it is enough when it decides whether to approve or deny your motion. The court considers these factors when deciding whether the bond or security:

• your ability to pay the judgment
• whether there is any other security to protect the other party
• your ability to hide or move assets to keep them from the other party
• your likelihood of success on appeal
• the harm to you and the other party in setting a higher or lower amount for the bond or security

Utah Rule of Civil Procedure 62(h).

How do I slow down an eviction order?

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 Enforcement 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 Enforcement of an order of restitution you must pay a bond or security. 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).

How do I delay a judgment to give me time to file an appeal?

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

If you post a bond for the Motion to Delay Enforcement 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

The forms you need depend on your case. What is your case about?

Divorce, Custody, Paternity, Annulment, Temporary Separation, or Separate Maintenance

Something else

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)

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.