Rule 62.Stay of proceedings to enforce a judgment.
Last amended January 1, 2019 · Last verified July 1, 2026
Full Text of Rule 62
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-18-0017, effective January 1, 2019.
Plain-English Summary
Except in a few situations addressed elsewhere in the rule, execution on a judgment and any proceedings to enforce it are automatically stayed for 15 days after entry, during which a party can still record the judgment even without posting a bond. Beyond that automatic window, the court can stay execution on suitable terms while it decides a Rule 50 motion for judgment as a matter of law, a Rule 52(b) motion to amend findings, a Rule 59 motion for a new trial or to alter or amend the judgment, a Rule 60 motion for relief, or in other situations where justice requires it. A party can also obtain a stay at any time after judgment by posting a supersedeas bond or other security under the appellate rules. Judgments granting or denying an injunction or receivership aren't automatically stayed once entered, even on appeal, and while an appeal from such an order is pending, the court retains power to suspend, modify, restore, or grant the injunction on appropriate terms.
Special rules apply to a few judgment types: one directing execution of a conveyance or other instrument can't be stayed until that instrument is executed and deposited with the clerk pending appeal, and one directing the sale of perishable property can't be stayed at all, though the sale proceeds must be deposited with the clerk in the meantime. A monetary judgment against the State of Arizona or one of its agencies or political subdivisions is automatically stayed once an appeal is filed, while a nonmonetary judgment against the state isn't automatically stayed, and if the court does stay it, no bond or other security can be required. A partial judgment entered under Rule 54(b) can also be stayed until later judgments are entered, and a judgment in rem isn't self-executing for 15 days after entry if a claimant has filed a timely, non-defaulted claim to the property.
Frequently Asked Questions
How long is a judgment automatically stayed before it can be enforced?
15 days after entry, unless the court orders otherwise or one of the rule's other provisions applies.
Can I get a stay just by posting a bond?
Yes, at any time after judgment is entered, you can obtain a stay through a supersedeas bond or other security as provided in the civil appellate rules.
Are injunctions automatically stayed once entered?
No. An interlocutory or final judgment granting, continuing, or refusing an injunction or receivership isn't automatically stayed, even if an appeal is taken.
Does a monetary judgment against the State of Arizona get stayed automatically on appeal?
Yes. Filing an appeal automatically stays a monetary judgment against the state or one of its agencies or political subdivisions.