Haw. Dist. Ct. R. Civ. P. 62

Except as otherwise provided by statute or rule of court:

(a) Automatic stay. No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry. However, unless otherwise ordered by the court, the issuance and execution of a writ of possession shall not be stayed during the 10-day period after entry of a judgment for possession unless a stay is obtained under subdivision (i). In cases governed by the 10-day provision the court, upon good cause shown, may allow execution to issue or other appropriate action to be taken for the enforcement of the judgment within the 10-day period unless, within such time as shall be allowed by the court, a stay is obtained under subdivision (b) or (d).

(b) Stay on motion for new trial or other motion. 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 the making of or amendment to the findings or for additional findings made pursuant to Rule 52(b), or when justice so requires in other cases until such time as the court may fix.

(c) Reserved.

(d) Stay upon appeal. When an appeal is taken the appellant 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. The stay is effective when the supersedeas bond is approved by the court.

(e) Stay in favor of the state, etc. When an appeal is taken by or at the direction of the State or a county, or by an officer or agency of the State or a county, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant.

(f) Reserved.

(g) Power of supreme court and intermediate court of appeals not limited. The provisions in this

rule do not limit any power of the supreme court or of the intermediate court of appeals or of a justice or judge thereof to stay proceedings during the pendency of an appeal or to grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

(h) Stay of judgment upon multiple claims. 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.

(i) Landlord and tenant proceedings. Nothing in this rule shall be deemed to supersede the provisions of section 666-14 of the Hawaiʻi Revised Statutes for the obtaining of a stay prior to issuance of a writ of possession.

COMMENTS:

Not changed. DCRCP Rule 62 has been retained here. HRCP Rule 62 took into consideration injunctions, receiverships and accountings which are not within the jurisdiction of the District Court. Also, HRCP Rule 62 fails to take into account the summary possession actions over which the District Court has exclusive jurisdiction.