Chapter 9 - § 9.1 • STAYS — CIVIL CASES

• Jurisdiction: Colorado

§ 9.1 • STAYS — CIVIL CASES

§ 9.1.1—The Power Of The Appellate Courts

None of the provisions in C.R.C.P. 62 limit the following powers of the appellate courts or any single justice or judge of the appellate courts (1) to stay proceedings during the pendency of an appeal; (2) to suspend, modify, restore, or grant an injunction during the pendency of an appeal; or (3) to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. C.R.C.P. 62(g).

§ 9.1.2—Automatic Stays

C.R.C.P. 62(a) automatically stays execution on judgments and enforcement proceedings for 14 days in all cases except the following, which are not automatically stayed: (1) a judgment in a receivership action, or (2) an interlocutory or final judgment in an action for injunction. C.R.C.P. 62(a), as amended by Rule Change 2011(18); see, e.g., Muck, 814 P.2d at 871 n. 6. C.R.C.P. 62(a) provides that those judgments shall not be stayed either (1) during the period after their entry and until an appeal is taken, or (2) during the pendency of an appeal. With respect to a 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. C.R.C.P. 62(c).

§ 9.1.3—Non-Automatic Stays

Aside from the 14-day automatic stay granted in C.R.C.P. 62(a), a party must either file a motion or perform some particular act to obtain a stay. C.R.C.P. 62(b) states that the trial court, in its discretion, may stay execution of, or any proceedings to enforce, a judgment (1) pending the disposition of a motion for post-trial relief made pursuant to C.R.C.P. 59; (2) pending a motion for relief from a judgment or order...