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Alaska R. Civ. P. 62

Stay of Proceedings to Enforce a Judgment

activein force · 1999-10-15 – presentact-effective-date

(a) Automatic Stay—Exceptions. Except as to judgments entered on default or by consent or on confession,

and except as stated herein, no execution shall issue upon a

judgment nor shall proceedings be taken for its enforcement

until the expiration of 10 days after the date shown in the

clerk’s certificate of distribution on the judgment. Unless

otherwise ordered by the court, an interlocutory or final

judgment in an action for an injunction or in a receivership

action shall not be stayed during the period after its entry and

until an appeal is taken or during the pendency of an appeal.

The provisions of subdivision (c) of this rule govern the

suspending, modifying, restoring, or granting of an injunction

during the pendency of an appeal or proceedings for review.

(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 or Review. When an

appeal is taken or review sought from an interlocutory or final

judgment or order or decision 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 or the proceedings for review upon such terms as to

bond or otherwise as it considers proper for the security of the

rights of the adverse party.

(d) Stay Upon Appeal or Proceedings for Review.

When an appeal is taken or review sought the appellant or

petitioner by giving a supersedeas bond may obtain a stay

subject to the exceptions contained in subdivision (a) of this

rule. The bond may be given at or after the time of filing the

notice of appeal or of filing the petition for review, as the case

may be. 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 or review sought by the state or an

officer or agency thereof, and the operation or enforcement of

the judgment, order or decision is stayed, no bond, obligation

or other security shall be required from the appellant or the

petitioner, as the case may be.

(f) Power of Supreme Court Not Limited. The

provisions in this rule do not limit any power of the supreme

court or of a justice thereof to stay proceedings during the

pendency of an appeal or proceedings for review, or to

suspend, modify, restore or grant an injunction during the

pendency of an appeal or proceedings for review, or to make

any order appropriate to preserve the status quo or the

effectiveness of the judgment subsequently to be entered.

(g) Stay of Judgment Upon Multiple Claims or

Multiple Parties. When a court has ordered a final judgment

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.

History

(Adopted by SCO 5 October 9, 1959; amended by SCO 30 effective February 1, 1961; by SCO 44 effective February 26, 1962; by SCO 258 effective November 15, 1976; by SCO 554 effective April 4, 1983; and by SCO 1361 effective October 15, 1999) Note: Chapter 42 § 2 SLA 1999 enacts AS 09.19.200 which governs the remedies available in civil litigation involving conditions in correctional facilities. According to § 3 of the act, the enactment of AS 09.19.200 has the effect of amending Civil Rules 59(f), 60(b), 62, and 65 by altering the remedies available and the procedure to be used in litigation involving correctional facilities.

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
2c29abbf05ba62885af979932212732ca899875fde301d07788f780bb6dcf133
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