TITLE SEVEN — JUDGMENT
Rule 44. Stay of Proceedings to Enforce a Judgment
Automatic Stay. Except as provided in Rule 44(2), execution upon a judgment and proceedings to enforce it are stayed for one hundred sixty-eight (168) hours after its entry, unless the court orders otherwise. This period corresponds to the seven (7) days which must elapse before a defendant may be held delinquent under 7 R. Stat. § 132.102, and nothing in this rule permits an order of delinquency before that period has run.
Exceptions; Injunctions, Receiverships, and Accountings. Unless the court orders otherwise, the following are not stayed after entry, even if an appeal is taken:
an interlocutory or final judgment in an action for an injunction;
a judgment or order appointing a receiver or directing a receivership; and
a judgment or order directing an accounting.
Stay Pending a Post-Judgment Motion. In its discretion, and upon 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 under Rule 33, Rule 34, Rule 35, Rule 41, or Rule 42.
Stay upon Security. At any time after a judgment is entered, a party may obtain a stay by providing security. Security may take the form of a deposit into court under Rule 48, an undertaking by a person of ability approved by the court, a pledge of identified property, or such other security as the court approves. The court shall fix the amount and form of security upon the papers; no separate hearing is required, and this subdivision does not authorise a bond hearing of any kind. The stay takes effect when the court approves the security and remains in effect for the period specified in the order approving it.
Injunction Pending Appeal. While an appeal is pending from an interlocutory order or a final judgment granting, continuing, modifying, refusing, dissolving, or refusing to dissolve or modify an injunction, the court may suspend, modify, restore, or grant an injunction upon such terms as to security or otherwise as it considers proper for the security of the rights of the adverse party.
Stay upon Appeal. Except as provided in Rule 44(2), the taking of an appeal from a judgment, in the manner and within the time provided by the Ridgeway Rules of the Supreme Court, stays execution upon the judgment during the pendency of the appeal. The court may condition the continuance of the stay upon the provision of security under Rule 44(4), and may dissolve the stay upon a finding that the appeal is not being diligently prosecuted.
No Security Required of the Government. The court shall not require security from the State of Ridgeway, a county, a municipality, or an agency or department thereof, or from an officer sued in an official capacity, as a condition of a stay.
Stay upon a Payment Plan. A defendant who has an active payment plan and who has actively fulfilled the obligations of that plan shall not have a writ of execution entered against them, nor be declared delinquent, as provided by 7 R. Stat. § 132.110. Upon motion, the court shall enter an order recording the existence and terms of a payment plan; while the order is in force and its obligations are being fulfilled, enforcement of the judgment is stayed. Upon a showing that the defendant has ceased to fulfil the obligations of the plan, the court shall dissolve the stay.
Stay as to Multiple Claims or Multiple Parties. When the court has directed the entry of a final judgment under Rule 36(6), it may stay enforcement of that judgment until the entry of a subsequent judgment or judgments, and may prescribe such conditions as are necessary to secure the benefit of the stayed judgment to the party in whose favour it is entered.
Effect of a Stay. While a stay under this rule is in effect:
no order of delinquency shall be entered upon the stayed judgment under 7 R. Stat. § 132.101, and the running of the seven (7) days prescribed by 7 R. Stat. § 132.102 is suspended;
no writ of execution shall be petitioned for or issued upon the stayed judgment under 7 R. Stat. §§ 132.118 and 132.119;
no disability prescribed by 7 R. Stat. §§ 132.113 through 132.115 shall attach by reason of the stayed judgment; and
a stay does not of itself alter the accrual of interest prescribed by 7 R. Stat. § 132.002 upon a judgment assigned to a payment plan upon the consent of the recovering party, and does not prevent voluntary satisfaction of the judgment.
Stay Where a Party Has Been Declared Delinquent. Where the party against whom the judgment runs has already been declared delinquent, an order staying enforcement shall so state, and the court shall order service of the stay upon the Secretary of State, who maintains the list required by 7 R. Stat. § 132.112, and upon the sheriff of the county where any writ of execution is outstanding.
Contents and Duration of a Stay Order. An order granting a stay shall identify the judgment stayed, state what enforcement activity is stayed, state the security required, if any, and state the event or the period, expressed in hours or days, upon which the stay expires. A stay which does not state its duration expires upon the entry of final judgment disposing of all claims as to all parties, or upon the issuance of the mandate of the Supreme Court, whichever is later.
Dissolution or Modification. Upon motion of any party and for cause shown, the court may dissolve or modify a stay, including for the failure to maintain approved security, the failure to fulfil an active payment plan, the dissipation or concealment of assets, or the failure diligently to prosecute an appeal.
Powers of the Supreme Court Not Limited. This rule does not limit the power of the Supreme Court, or of a single justice thereof, to stay proceedings, to suspend, modify, restore, or grant an injunction while an appeal is pending, or to issue any order to preserve the status quo or the effectiveness of the judgment to be entered.