RULE 3-632. STAY OF ENFORCEMENT
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2020
Effective: January 1, 2020
MD Rules, Rule 3-632
RULE 3-632. STAY OF ENFORCEMENT
Cross reference: For the definition of “money judgment,” see Rule 1-202.
(b) Discretionary. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay enforcement of a judgment pending the disposition of a motion for a new trial filed pursuant to Rule 3-533, a motion to alter or amend a judgment filed pursuant to Rule 3-534, or a motion to revise a judgment filed pursuant to Rule 3-535.
(c) Multiple Claims. When a court has entered a final judgment under the conditions stated in Rule 3-602, the court may stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such conditions as are necessary to secure the benefit of the judgment to the party in whose favor the judgment is entered.
(d) Pending Appeal. Except as provided in this section and in section (e) of this Rule, a stay pending appeal is governed by the procedures set forth in Rules 8-422 through 8-424. References in those rules to the Court of Special Appeals shall be regarded as references to the circuit court having jurisdiction of the appeal. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order.
(e) Injunction Pending Appeal. When an appeal is taken from an order or a judgment granting, dissolving, or denying an injunction, the court in its discretion may 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 adverse party.
(g) Power of Appellate Court Not Limited. The provisions of this Rule do not limit any power of an appellate court to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.
Cross reference: For provisions concerning stays of judgments in municipal infraction cases, see Code, Article 23A, § 3(b)(7).
Source: This Rule is derived as follows:
Section (a) is derived from the 1961 version of Fed. R. Civ. P. 62 (a).
Section (b) is derived from the 1961 version of Fed. R. Civ. P. 62 (b).
Section (c) is derived from former M.D.R. 605 b and the 1961 version of Fed. R. Civ. P. 62 (h).
Section (d) is in part new and in part derived from former Rule 1017 e.
Section (e) is derived from the 1961 version of Fed. R. Civ. P. 62 (c).
Section (f) is new.
Section (g) is derived from the 1961 version of Fed. R. Civ. P. 62 (g).
[Adopted April 6, 1984, eff. July 1, 1984. Amended March 30, 1993, eff. July 1, 1993; June 7, 1994, eff. Oct. 1, 1994; Dec. 10, 1996, eff. July 1, 1997; Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 19, 2019, eff. Jan. 1, 2020.]
The November 12, 2003, order amended the source note.
The November 19, 2019 order added new section (f) clarifying that a stay of enforcement of a foreign judgment is governed by Code, Courts Article, § 11-804; re-lettered current section (f) as new section (g); and updated the source note.
MD Rules, Rule 3-632, MD R RCP DIST CT Rule 3-632
Current with amendments received through December 15, 2019.
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