§ RULE 62. STAYS BY TRIAL COURT AND ON APPEAL

Codes > Delaware Superior Court Rules of Civil Procedure > VII. Judgment > RULE 62.

RULE 62. STAYS BY TRIAL COURT AND ON APPEAL

(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.