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DE · rules

Del. Super. Ct. Civ. R. 62

Stays by trial court and on appeal

activein force · 1991-10-03 – presentact-effective-date

(a) Automatic stay. 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 its entry.

(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.

(c) Stay and supersedeas on appeal from lower court. In any civil action in which an appeal is taken from

a lower court to the Superior Court the Superior Court may, upon motion of the appellant, stay execution

on the judgment appealed from and may as a condition of such stay require the appellant to post a

supersedeas bond with surety or a cash deposit. The amount of such supersedeas bond or cash deposit

shall be sufficient to pay the amount of the judgment appealed from plus interest and court costs.

(d) Supersedeas or stay pending appeal. Supersedeas, and stay pending appeal, and supersedeas, stay and

cost bonds shall be governed by Article IV, Section 24 of the Constitution of the State of Delaware and

by Supreme Court Rule 32.

(e) Omitted.

(f) Stay according to statute. A judgment debtor is entitled to a stay of execution where such stay is

accorded by statute.

(g) Omitted.

(h) Stay of judgment as to 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

Amended, effective July 1, 1970; Oct. 15, 1980; Jan. 1, 1991; Oct. 3, 1991.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
d26ca5012736bd7b2668c8dcbc735386463ee45e38cc8bfe6b2bd836daa9a40b
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