Chapter 22 - § 22.6 • STAY OF JUDGMENT OF PROCEEDINGS

• Jurisdiction: Colorado

§ 22.6 • STAY OF JUDGMENT OF PROCEEDINGS

Colorado

➢ Automatic Stay. No judgment shall be executed upon for 14 days after its entry. C.R.C.P. 62(a).

➢ Bond Necessary. A supersedeas bond stays execution on the trial court's judgment and must be posted in order to obtain such a stay. Monk v. Hemphill, 203 P.2d 503, 504 (Colo. 1949); Muck v. District Court, 814 P.2d 869, 873 (Colo. 1991).

➢ Amount and Form of Supersedeas Bond. Unless the court otherwise orders, or any applicable statute directs a higher amount, the amount of a supersedeas bond to stay execution of a money judgment shall be 125 percent of the total amount of the judgment entered by the court (including any prejudgment interest, costs, and attorney fees awarded by the court). The amount of a supersedeas bond to stay a non-money judgment shall be determined by the court. An interested party may move the trial court for an increase in the amount of the bond. C.R.C.P. 121 § 1-23.

➢ Exceptions to Automatic Stay. 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. C.R.C.P. 62(a).

➢ Discretionary Stay. The court may stay the execution of, or any proceedings to enforce, the judgment in its discretion on such conditions as are proper for the security of the adverse party pending the disposition of a motion for post-trial relief made pursuant to C.R.C.P. 59, pending a motion for relief from a judgment or order made pursuant to C.R.C.P. 60, during the time permitted for filing a notice of appeal, or during the pendency of a motion for approval of a supersedeas bond. C.R.C.P. 62(b).

➢ Injunction Pending Appeal. When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the trial court has discretion to suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse parties. C.R.C.P. 62(c).
➢ Stay Upon Appeal. Appellant may obtain a stay from the trial court by giving a supersedeas bond. The stay is effective when the supersedeas is approved by the court. C.R.C.P. 62(d).

➢ Where Bond Unnecessary. "When an appeal is taken by the State of Colorado, or by any county or municipal corporation of this state, or of any officer or agency thereof acting in official capacity and the operation or enforcement of

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