Chapter 1 · General

Rule 62. Stays by trial court and on appeal

Amended 2025 (current) Contains Deadlines

(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 except in summary possession or replevin cases. In summary possession cases no writ of possession shall issue nor shall any proceedings be taken for enforcement for 10 days after entry of judgment unless an appeal has been filed.

(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) Omitted.

(d) Supersedeas or stay pending appeal. -- Supersedeas, and stay pending appeal, and supersedeas, stay and costs 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.