Rule 2.614.Stay of Proceedings to Enforce Judgment

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.614 automatically stays enforcement of a Michigan judgment for 21 days after entry (longer if certain post-judgment motions are filed), exempts injunctions, receivership orders, and several domestic-relations orders from that stay, and lays out the separate rules for staying a judgment pending an appeal, a motion for relief from judgment, or a governmental party's appeal.

Full Text of Rule 2.614

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G)

(A) Automatic Stay; Exceptions: Injunctions, Receiverships, and Family Litigation.

(1) Except as provided in this rule, execution may not issue on a judgment and proceedings may not be taken for its enforcement until 21 days after a final judgment (as defined in MCR 7.202[6]) is entered in the case. If a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from judgment is filed and served within 21 days after entry of the judgment or within further time the trial court has allowed for good cause during that 21-day period, execution may not issue on the judgment and proceedings may not be taken for its enforcement until the expiration of 21 days after the entry of the order deciding the motion, unless otherwise ordered by the court on motion for good cause. Nothing in this rule prohibits the court from enjoining the transfer or disposition of property during the 21-day period.

(2) The following orders may be enforced immediately after entry unless the court orders otherwise on motion for good cause:

(a) A temporary restraining order.

(b) A preliminary injunction.

(d) An interlocutory order in a receivership action.

(e) In a domestic relations action, an order before judgment concerning the custody, control, and management of property; for temporary alimony; or for support or custody of minor children and expenses.

(3) Subrule (C) governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

(B) Stay on Motion for Relief From Judgment. In its discretion and on proper conditions for the security of the adverse party, the court may stay the execution of, or proceedings to enforce, a judgment pending the disposition of a motion for relief from a judgment or order under MCR 2.612.

(C) Injunction Pending Appeal. If an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court may suspend, modify, restore, or grant an injunction during the pendency of the appeal on terms as to bond or otherwise that are proper for the security of the adverse party's rights.

(D) Stay on Appeal. Stay on appeal is governed by MCR 7.108, 7.209, and 7.305(J). If a party appeals a trial court’s denial of the party’s claim of governmental immunity, the party’s appeal operates as an automatic stay of any and all proceedings in the case until the issue of the party’s status is finally decided.

(E) Stay in Favor of Governmental Party. In an action or proceeding in which the state, an authorized state officer, a corporate body in charge of a state institution, or a municipal corporation, is a party, bond may not be required of that party as a prerequisite to taking an appeal or making an order staying proceedings.

(F) Power of Appellate Court Not Limited. This rule does not limit the power of the Court of Appeals or the Supreme Court to

(1) stay proceedings during the pendency of an appeal before them;

(2) suspend, modify, restore, or grant an injunction during the pendency of the appeal; or

(3) enter an order appropriate to preserve the status quo or effectiveness of the judgment to be entered.

(G) Stay of Judgment on 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 MCR 2.604(B), the court may

(1) stay enforcement of the judgment until the entry of a later judgment or judgments, and

(2) prescribe conditions necessary to secure the benefit of the judgment to the party in whose favor it was entered.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Execution and enforcement of a Michigan judgment can't begin until 21 days after it's entered, and if a motion for new trial, rehearing, reconsideration, or other relief from judgment is filed within that window (or any extension the trial court allows for good cause during it), the automatic stay extends until 21 days after that motion is decided, unless the court orders otherwise for good cause. The court can still enjoin the transfer or disposition of property during that 21-day period even without a formal stay. Several kinds of orders are carved out and enforceable right away unless the court says otherwise: temporary restraining orders, preliminary injunctions, injunctive relief inside a final judgment, interlocutory receivership orders, and certain pre-judgment domestic-relations orders about custody, property, alimony, or support.

Beyond the automatic stay, the court has discretion to stay enforcement while a motion for relief from judgment under Rule 2.612 is pending, on proper conditions protecting the other side, and can suspend, modify, restore, or grant an injunction pending an appeal on terms protecting that party's rights. A stay on appeal itself runs through the appellate rules, though a party appealing the denial of governmental immunity gets an automatic stay of the whole case until that immunity question is finally resolved. Governmental parties — the state, its authorized officers, institutions, and municipal corporations — never have to post a bond to appeal or to get a stay. None of this limits the Court of Appeals' or Supreme Court's own power to stay proceedings, adjust an injunction, or otherwise preserve the status quo while an appeal is pending, and when a case has multiple claims and only some have reached final judgment under Rule 2.604(B), the court can stay enforcement of that judgment until the rest catch up.

Frequently Asked Questions

How soon can a winning party start enforcing a Michigan judgment?

Generally not until 21 days after entry, and that period extends further if a motion for new trial, rehearing, reconsideration, or other relief from judgment is filed within it.

Are any orders enforceable immediately, without waiting 21 days?

Yes — temporary restraining orders, preliminary injunctions, injunctive relief in a final judgment, interlocutory receivership orders, and certain pre-judgment domestic-relations orders on custody, property, alimony, or support can be enforced right away unless the court orders otherwise.

Does a governmental party have to post a bond to get a stay or appeal?

No. The state, its authorized officers, its institutions, and municipal corporations are never required to post bond as a condition of appealing or obtaining a stay.

What happens if I appeal the denial of governmental immunity?

The appeal automatically stays the entire case until the immunity issue is finally decided.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.614). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: stay of judgment Michiganautomatic stay 21 days Michiganstay pending appeal Michigan