Mont. R. Civ. P. 62

(a) Automatic Stay; Injunction; Exceptions. Except as stated in this rule, no execution

may issue on a judgment, nor may proceedings be taken to enforce it, until 14 days have

passed after its entry. During this 14-day period, there is imposed, automatically, an order

enjoining the judgment debtor(s) from transferring, encumbering, or in any way making

unavailable to execution any or all real or personal property, whether tangible or intangible,

including, without limitation, cash, accounts, choses in action, leases, contract rights, or

other property or any interest therein of the judgment debtor(s). For good cause shown and

on terms that protect the respective interests of the parties, the court may enter an order

modifying the automatic stay and injunction imposed by this rule. But unless the court

orders otherwise, the following are not stayed after being entered, even if an appeal is

taken:

(1) an interlocutory or final judgment in an action for an injunction; or

(2) receivership.

(b) Stay Pending the Disposition of a Motion. On appropriate terms for the opposing

party’s security, the court may stay the execution of a judgment -- or any proceedings to

enforce it -- pending disposition of any of the following motions:

(1) under Rule 50, for judgment as a matter of law;

(2) under Rule 52(b), to amend the findings or for additional findings;

(3) under Rule 59, for a new trial or to alter or amend a judgment; or

(4) under Rule 60, for relief from a judgment or order.

(c) Injunction Pending an Appeal. While an appeal is pending from an interlocutory

order or final judgment that grants, dissolves, or denies an injunction, the court may

suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure

the opposing party’s rights.

(d) Stay with Bond on Appeal. If an appeal is taken, the appellant may obtain a stay by

supersedeas bond, except in an action described in Rule 62(a)(1) or (2). The bond may be

given upon or after filing the notice of appeal or after obtaining the order allowing the

appeal. The stay takes effect when the court approves the bond.

(e) Stay without Bond on an Appeal by the State of Montana, Its Officers, or Its

Agencies. The court must not require a bond, obligation, or other security from the

appellant when granting a stay on an appeal by the State of Montana, its officer, or its

agencies or on an appeal directed by a department of the State of Montana.

(f) Security Other Than Bond -- Stipulation of Parties.

(1) In all cases under this rule where supersedeas bond or other terms that secure the

opposing party’s rights are required, the court, in its discretion, may allow alternate

forms of security other than a bond, when adequate equivalent security is provided

and the appealing party can show that the judgment creditor’s recovery is not in

jeopardy.

(2) In all cases, the parties may by written stipulation waive the filing of security.

(g) Appellate Court’s Power Not Limited. This rule does not limit the power of the

appellate court or one of its judges or justices:

(1) to stay proceedings -- or suspend, modify, restore, or grant an injunction -- while

an appeal is pending; or

(2) to issue an order to preserve the status quo or the effectiveness of the judgment to

be entered.

(h) Stay with Multiple Claims or Parties. A court may stay the enforcement of a final

judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may

prescribe terms necessary to secure the benefit of the stayed judgment for the party in

whose favor it was entered.