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 14 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)
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.
(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.