Opinion
89-R-99001-SCT
10-31-2024
IN RE: THE RULES OF CIVIL PROCEDURE
Serial: 253790
ORDER
JOSIAH DENNIS COLEMAN, JUSTICE
Before the Court is the Motion to Amend M.R.C.P. 62 filed by the Supreme Court of Mississippi's Advisory Committee on Rules.
After due consideration, we find that the motion should be granted as set forth in the attached Exhibit A.
IT IS, THEREFORE, ORDERED, that the motion is granted as set forth in the attached Exhibit A. The amendments will be effective thirty days from the entry of the instant order.
IT IS, FURTHER, ORDERED, that the Clerk of this Court must spread this order upon the minutes of the Court and send a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court.
SO ORDERED.
Exhibit A
Rule 62. Stay of Proceedings to Enforce A Judgment
(a) Automatic Stay; Exceptions. Except as stated herein or as otherwise provided by statute or by order of the court for good cause shown, no execution shall be issued upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten thirty days after (Redacted) its entry (Redacted). Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
(b) Stay on Motion. Upon a motion, the court may, in (Redacted) its discretion and on such conditions for the security of the adverse party as are proper, (Redacted) stay the execution of or any proceedings to enforce a judgment pending the disposition of: (i) a motion for new trial pursuant to Rule 59; (ii) a motion to alter or amend a judgment made pursuant to Rule 59(e) (Redacted) (iii) a motion for relief from a judgment or order made pursuant to Rule 60(b) (Redacted); (iv) a motion (Redacted) judgment notwithstanding the verdict made pursuant to Rule 50(b) (Redacted) or (Redacted) (v) a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).
(c) Injunction Pending Appeal. When an interlocutory or final judgment has been rendered granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of an appeal from such judgment upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. The power of the court to make such an order is not terminated by the taking of the appeal.
(d) Stay Upon Appeal. When an appeal is taken, the appellant, when and as authorized by statute or otherwise, may obtain a stay subject to the exceptions contained in subdivision (a) of this rule.
(e) [Omitted].
(f) Stay in Favor of the State of Mississippi or Agency Thereof. When an appeal is taken by the State of Mississippi or an officer or agency thereof or by direction of any department of the government of same and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required of the appellant.
(g) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.
(h) Stay of Judgment Upon Multiple Claims or as to 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.