Rule 62. Stays by trial court and on appeal
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Delaware Court Rules › Justice of the Peace Court › Justice of the Peace Court Civil Rules › Del. J.P. Ct. Civ. R. 62
Text
(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
except in summary possession or replevin cases. In summary possession cases no writ of
possession shall issue nor shall any proceedings be taken for enforcement for 10 days after
entry of judgment unless an appeal has been filed.
(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) Omitted.
(d) Supersedeas or stay pending appeal. -- Supersedeas, and stay pending appeal, and
supersedeas, stay and costs 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.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.