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Idaho Rules of Family Law Procedure Rule 807. Stay of Proceedings to Enforce a Judgment.

 

(a) No Automatic Stay on Entry of Judgment. Execution on a judgment and proceedings to enforce are not stayed, unless the court in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or writ of mandate, or in a receivership action, is not stayed during the period after its entry and until the appeal is filed or during the pendency of an appeal. The provisions of subsection (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction or writ of mandate during the pendency of an appeal.

 

(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) for judgment as a matter of law under Rule 119;

 

(2) to amend the findings or for additional findings under Rule 801;

 

(3) for a new trial or to alter or amend a judgment under Rule 804; or

 

(4) for relief from a judgment or order under Rule 805.

 

(c) Injunction or Writ of Mandate Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves, or denies an injunction or writ of mandate, the court may suspend, modify, restore, or grant an injunction or writ of mandate on terms for bond or other terms that secure the opposing party's rights.

 

(d) Stay on Appeal. When an appeal is taken from the district court to the Supreme Court, the proceedings in the district court on the judgment or order appealed from is stayed as provided by the Idaho Appellate Rules.

 

(e) Stay in Favor of the State, Subdivision, or Agency Thereof; Waiver. The court must not require a bond, obligation or other security from the appellant when granting a stay on an appeal by the state of Idaho or its officers, agencies, or subdivisions.

 

(f) Appellate Court's Power Not Limited. This rule does not limit the power of the Supreme Court or a district court acting in its appellate capacity or one of its justices or judges:

 

(1) to stay proceedings, or 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 partial judgment entered under Rule 802(b) 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.

 

(Adopted March 29, 2021, effective July 1, 2021.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller
Justice Colleen D. Zahn



Members of the
Idaho Court of Appeals

Chief Judge Molly J Huskey
Judge David W. Gratton
Judge Jessica M. Lorello
Judge Amanda K. Brailsford

 

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