Stay of Proceedings to Enforce a

Judgment (a) Automatic Stay. Except as provided in RCFC 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise. (b) Stay by Bond or Other Security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security. (c) Stay of an Injunction, Receivership, or Patent Accounting Order. Unless the court orders otherwise, the following are not stayed after being entered, even if an appeal is taken; (1) an interlocutory or final judgment in an action for an injunction or receivership; or (2) a judgment or order that directs an in an action for patent accounting infringement. (d) Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants, continues, modifies, refuses, dissolves, or refuses to dissolve or modify an injunction, the court RCFC 61 and 62 84 may suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing party’s rights. (e) Stay Without Bond on an Appeal by the United States, Its Officers, or Its Agencies. The court must not require a bond, obligation, or other security from the appellant when granting a stay on an appeal by the United States, its officers, or its agencies or on an appeal directed by a department of the federal government. (f) Stay in Favor of a Judgment Debtor Under State Law. [Not used.] (g) Appellate Court’s Power Not Limited. This rule does not limit the power of the appellate court or one of its judges or justices: suspend, proceedings—or (1) to modify, restore, or grant an injunction— while an appeal is pending; or stay (2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered. (h) Stay with Multiple Claims or Parties. A court may stay the enforcement of a final judgment entered under RCFC 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010, July 1, 2019.) Rules Committee Notes 2002 Revision to Minor changes have been made subdivision (a) to more closely conform to FRCP 62. Necessary differences were retained. 2008 Amendment The language of RCFC 62 has been amended to conform to the general restyling of the FRCP. 2010 Amendment The time period of 10 days formerly set forth in RCFC 62(a) has been changed to 14 days in accordance with the corresponding change to FRCP 62(a) that became effective December 1, 2009. 2019 Amendment RCFC 62 has been amended in accordance with the corresponding changes to FRCP 62 that became effective December 1, 2018.