Printable Format60-262. Stay of proceedings to enforce judgment. (a) Automatic stay; exceptions for injunctions and receiverships. Except as stated in this section, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 14 days have passed after its entry. Unless the court orders otherwise, an interlocutory or final judgment in the following actions are not stayed after being entered, even if an appeal is taken:
(1) For an injunction; or
(2) for a receivership.
(b) Stay pending the disposition of a motion. On appropriate terms for the opposing party's security, the court may stay the execution of a judgment, or any proceedings to enforce it, pending disposition of any of the following motions:
(1) Under K.S.A. 60-250, and amendments thereto, for judgment as a matter of law;
(2) under subsection (b) of K.S.A. 60-252, and amendments thereto, to amend the findings or for additional findings;
(3) under K.S.A. 60-259, and amendments thereto, for a new trial or to alter or amend a judgment; or
(4) under K.S.A. 60-260, and amendments thereto, for relief from a judgment or order.
(c) Injunction pending appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves or denies an injunction, the court may suspend, modify, restore or grant an injunction on terms for bond or other terms that secure the opposing party's rights.
(d) Stay with bond on appeal. If an appeal is taken, the appellant may obtain a stay by supersedeas bond except in an action described in subsection (a)(1) or (a)(2). The bond may be given upon or after filing the notice of appeal. The stay takes effect when the court approves the bond.
(e) Stay without bond on an appeal by the state, 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 state, its officers or its agencies or on an appeal directed by a department of the state.
(f) Appellate court's power not limited. This section does not limit the power of the appellate court or one of its judges or justices:
(1) To stay proceedings, or to suspend, modify, restore or grant an injunction, while an appeal is pending; or
(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.
(g) Stay with multiple claims or parties. A court may stay the enforcement of a final judgment entered under subsection (b) of K.S.A. 60-254, and amendments thereto, 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.
History: L. 1963, ch. 303, 60-262; L. 1976, ch. 251, § 6; L. 1997, ch. 173, § 30; L. 2010, ch. 135, § 136; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 573; L. 1909, ch. 182, § 603; R.S. 1923, 60-3014.
(b). G.S. 1868, ch. 80, § 573; L. 1909, ch. 182, § 603; R.S. 1923, 60-3014.
(c). G.S. 1868, ch. 80, § 567; L. 1909, ch. 182, § 595; R.S. 1923, 60-3331.
(d). G.S. 1868, ch. 80, § 551; L. 1909, ch. 182, § 586; R.S. 1923, 60-3322; L. 1933, ch. 217, § 1.
Cross References to Related Sections:
Execution on judgment pending appeal without bond in limited actions, see 61-3904.
Stay of proceedings in limited actions on appeal, see 61-3905.
Law Review and Bar Journal References:
Considered as ten-day stay of execution in "The Effect of the New Code on Title Examinations," 33 J.B.A.K. 173, 179 (1964).
Mentioned as basis for applying a stay of enforcement of a foreign judgment, "Kansas' New Foreign Judgments Act," Robert Fowks, 40 J.B.A.K. 187, 190 (1971).
"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 105 (1979).
"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801, 820 (1989).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-3014, 60-3322, 60-3331 and the 1961 Supp. thereto.
1. Subsection (b) cited in case involving construction of an antenuptial contract. In re Estate of Taylor, 205 Kan. 347, 357, 469 P.2d 437.
2. Mentioned; acquiescence in judgment cuts off right of appeal. Barnes v. Carroll, 207 Kan. 545, 547, 485 P.2d 1293.
3. Mentioned in holding statutory interest rate of 8% applies only to judgments entered after effective date of statute. Bartlett v. Heersche, 209 Kan. 369, 371, 496 P.2d 1314.
4. Allegations of filing of motion pursuant to section not supported by evidence; acquiescence in judgment. Haberer v. Newman, 219 Kan. 562, 566, 549 P.2d 975.
5. Cited; garnishee may stay garnishment by posting supersedeas bond equal to its liability costs and interest. Cansler v. Harrington, 231 Kan. 66, 71, 73, 643 P.2d 110 (1982).
6. Where defendant's actions in payment of judgment determined to be voluntary, right of appeal lost. Vap v. Diamond Oil Producers, Inc., 9 Kan. App. 2d 58, 59, 671 P.2d 1126 (1983).
7. Where savings and loan appealed at direction of state commissioner, no bond required under subsection (e); FSLIC succeeded to same right as receiver. W-V Enterprises, Inc. v. Federal Savings & Loan Ins. Corp., 234 Kan. 354, 371, 673 P.2d 1112 (1983).
8. Cited; absence of procedure for staying execution on valid judgment upon condition debtor makes regular payments on judgment examined. Hooks v. Hooks, 13 Kan. App. 2d 105, 106, 762 P.2d 846 (1988).
9. Constructive production created by payment of shut-in royalties, lessee's duty to diligently search for market examined. Robbins v. Chevron U.S.A., Inc., 246 Kan. 125, 129, 785 P.2d 1010 (1990).
10. Noted in opinion that insurance commissioner not required to execute appeal bond in excess of health care stabilization fund's liability (K.S.A. 40-3401 et seq.) Todd v. Kelly, 251 Kan. 512, 518, 526, 837 P.2d 381 (1992).
11. Cited; mortgagee's right to rents and profits examined. Hoelting Enterprises v. Trailridge Investors, L.P., 17 Kan. App. 2d 777, 782, 844 P.2d 745 (1993).
12. Judgment which reserves attorney fee ruling for later date is valid. Moritz Implement Co. v. Matthews, 265 Kan. 179, 189, 959 P.2d 886 (1998).