Rule62. Stay of proceedings to enforce a judgment.
(a)Delay in execution. No execution or other writ toenforce a judgment may issue until the expiration of 14 days after entry ofjudgment, 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 partyas are proper, the court may stay the execution of, or any proceedings toenforce, a judgment pending the disposition of a motion for a new trial or toalter or amend a judgment made pursuant to Rule 59, or of a motion for relieffrom a judgment or order made pursuant to Rule 60, or of a motion for judgmentin accordance with a motion for a directed verdict made pursuant to Rule 50, or of a motion for amendmentto the findings or for additional findings made pursuant to Rule 52(b).
(c)Injunction pending appeal. When an appeal is taken from aninterlocutory order or final judgment granting, dissolving, or denying aninjunction, the court in its discretion may suspend, modify, restore, or grantan injunction during the pendency of the appeal upon such conditions as itconsiders proper for the security of the rights of the adverse party.
(d)Stay upon appeal. When an appeal is taken, the appellantby giving a supersedeas bond may obtain a stay, unless such a stay is otherwiseprohibited by law or these rules. The bond may be given at or after the time offiling the notice of appeal. The stay is effective when the supersedeas bond isapproved 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 officeror agency of either, or by direction of any department of either, and theoperation or enforcement of the judgment is stayed, no bond, obligation, orother security shall be required from the appellant.
(f)Stay in quo warranto proceedings. Where the defendantis adjudged guilty of usurping, intruding into or unlawfully holding publicoffice, civil or military, within this state, the execution of the judgmentshall 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 ofa judge or justice thereof to stay proceedings or to suspend, modify, restore,or grant an injunction, or extraordinary relief or to make any orderappropriate to preserve the status quo or the effectiveness of the judgmentsubsequently 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 claimspresented in the action under the conditions stated in Rule 54(b), the court may stayenforcement of that judgment until the entering of a subsequent judgment orjudgments and may prescribe such conditions as are necessary to secure thebenefit thereof to the party in whose favor the judgment is entered.
(i)Form of supersedeas bond; deposit in lieu of bond; waiver of bond; jurisdictionover sureties to be set forth in undertaking.
(i)(1) A supersedeas bond givenunder Subdivision (d) may be either a commercial bond having a suretyauthorized to transact insurance business under Title 31A, or a personal bondhaving one or more sureties who are residents of Utah having a collective networth of at least twice the amount of the bond, exclusive of property exemptfrom execution. Sureties on personal bonds shall make and file an affidavitsetting forth in reasonable detail the assets and liabilities of the surety.
(i)(2) Upon motion and good causeshown, the court may permit a deposit of money in court or other security to begiven in lieu of giving a supersedeas bond under Subdivision (d).
(i)(3) The parties may by writtenstipulation waive the requirement of giving a supersedeas bond underSubdivision (d) or agree to an alternate form of security.
(i)(4) A supersedeas bond givenpursuant to Subdivision (d) shall provide that each surety submits to thejurisdiction of the court and irrevocably appoints the clerk of the court asthe surety's agent upon whom any papers affecting the surety's liability on thebond may be served, and that the surety's liability may be enforced on motionand upon such notice as the court may require without the necessity of anindependent action.
(j)Amount of supersedeas bond.
(j)(1) Except as provided insubsection (j)(2), a court shall set the supersedeas bond in an amount thatadequately protects the judgment creditor against loss or damage occasioned bythe appeal and assures payment in the event the judgment is affirmed. Insetting the amount, the court may consider any relevant factor, including:
(j)(1)(A) the judgment debtor'sability to pay the judgment;
(j)(1)(B) the existence and valueof security;
(j)(1)(C) the judgment debtor'sopportunity to dissipate assets;
(j)(1)(D) the judgment debtor'slikelihood of success on appeal; and
(j)(1)(E) the respective harm tothe parties from setting a higher or lower amount.
(j)(2) Notwithstanding subsection(j)(1):
(j)(2)(A) the presumptive amountof a bond for compensatory damages is the amount of the compensatory damagesplus costs and attorney fees, as applicable, plus 3 years of interest at theapplicable interest rate;
(j)(2)(B) the bond forcompensatory damages shall not exceed $25 million in an action by plaintiffscertified as a class under Rule 23 or in an action by multiple plaintiffs inwhich compensatory damages are not proved for each plaintiff individually; and
(j)(2)(C) no bond shall berequired for punitive damages.
(j)(3) If the court permits abond that is less than the presumptive amount of compensatory damages, thecourt may also enter such orders as are necessary to protect the judgmentcreditor during the appeal.
(j)(4) If the court finds thatthe 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 limitsin subsection (j)(2).
(k)Objecting to sufficiency or amount of security.Any party whose judgment is stayed or sought to be stayed pursuant toSubdivision (d) may object to the sufficiency of the sureties on thesupersedeas bond or the amount thereof, or to the sufficiency or amount ofother security given to stay the judgment by filing and giving notice of suchobjection. The party so objecting shall be entitled to a hearing thereon uponfive days notice or such shorter time as the court may order. The burden ofjustifying the sufficiency of the sureties or other security and the amount ofthe bond or other security, shall be borne by the party seeking the stay, unlessthe 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 generallypermitted under this rule shall not be conclusive as to its sufficiency oramount.
Advisory Committee Notes