RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT.
Rule 62.01 Initial Stay; Exceptions.
Except as otherwise provided in this rule, no execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry. In injunction and receivership actions, and in actions that remove a public officer as otherwise provided by law or that award, change or otherwise affect the custody of a minor child, an interlocutory or final judgment shall not be stayed after entry unless otherwise ordered by the court and upon such terms as to bond or otherwise as it deems proper to secure the other party. The party in whose favor judgment is entered may also obtain execution or take proceedings to enforce the judgment prior to expiration of the 30-day period if the party against whom judgment is entered is about fraudulently to dispose of, conceal or remove his property, thereby endangering satisfaction of the judgment.
Rule 62.02 Additional Stay on Specified Timely Motions.
The execution of or any proceedings to enforce a judgment shall also be stayed pending and for 30 days after entry of any of the following orders made upon timely motion: (1) granting or denying a motion under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) granting or denying a motion under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) granting or denying a motion under Rule 59.04 to alter or amend the judgment; and (4) denying a motion under Rule 59.01 for a new trial.
Rule 62.03 Relief Pending Appeal.
When an appeal is taken from an interlocutory or final judgment in actions specified in Rule 62.01 or in actions for alimony or child support, the court in its discretion may suspend relief or grant whatever additional or modified relief is deemed appropriate during the pendency of the appeal and upon such terms as to bond or otherwise as it deems proper to secure the other party.
Rule 62.04 Stay on Appeal.
Except as otherwise provided in Rule 62.01, when an appeal is taken the appellant by giving a bond may obtain a stay. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the bond is approved by the court.
Rule 62.05 Bond for Stay.
A bond for stay shall have sufficient surety and:
(1) If an appeal is from a judgment directing the payment of money, the bond shall be conditioned to secure the payment of the judgment in full, interest, damages for delay, and costs on appeal; in cases involving judgments payable in periodic installments, bond shall be fixed in such a manner as the court shall deem sufficient;
(2) If an appeal is from a judgment ordering the assignment, sale, delivery or possession of personal or real property, the bond shall be conditioned to secure obedience of the judgment and payment for the use, occupancy, detention and damage or waste of the property from the time of appeal until delivery of possession of the property and costs on appeal. If the appellant places personal property in the custody of an officer designated by the court, such fact shall be considered by the court in fixing the amount of the bond. A party may proceed as a poor person without giving any security as provided in Rule 18 of the Tennessee Rules of Appellate Procedure. Upon motion submitted to the trial court and for good cause shown, the bond for stay may be set in an amount less than that called for in the first sentence of this section of this rule. In ruling on such a motion, the trial court may consider all appropriate factors including, but not limited to, the appealing party's financial condition and the amount of his insurance coverage, if any. If the motion is granted, the party may obtain a stay by giving such security as the court deems proper. If leave to obtain a stay required by this rule is denied, the court shall state in writing the reasons for denial.
Rule 62.06 Stay in Favor of the State or Agency Thereof.
When an appeal is taken by the state, a county, a municipal corporation, or an officer or agency thereof acting in its behalf, the judgment may be stayed in the court's discretion. If the court grants a stay, no stay or cost bond or other security shall be required from the appellant. Notwithstanding the foregoing, the bond or other security for a government officer shall not be waived pursuant to this subsection except to the extent the governmental entity is financially responsible if the appeal is unsuccessful.
Rule 62.07 Power of Trial Court not Limited.
Nothing in this rule shall be construed to limit the power of the court in exceptional cases to stay proceedings on any other terms or conditions as the court deems proper.
Rule 62.08 Power of Appellate Court not Limited.
Nothing in this rule shall be construed to limit the power of an appellate court or a judge thereof to stay proceedings or to suspend relief or grant whatever additional or modified relief is deemed appropriate during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of any judgment that may subsequently be entered.
Rule 62.09 Entry, Enforcement or Stay of Judgment as to Multiple Claims or Multiple Parties.
If the trial court grants permission to appeal under Rule 9(a) of the Tennessee Rules of Appellate Procedure as to one or more but fewer than all the claims and all of the parties in an action involving multiple claims or multiple parties, the trial court may enter a judgment and stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such terms as to bond or otherwise as it deems proper to secure the party in whose favor the judgment is entered. The bond may be given at or after the time permission to appeal is granted. The stay is effective when the bond is approved by the court.