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

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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(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.

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Rule 62. Stays by trial court and on appeal · Del. J.P. Ct. Civ. R. 62 | Frix