RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGEMENT.

  1. Except as ordered by the Court for good cause shown, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry unless otherwise ordered by the Court.  A judgment in an action for injunction shall not be stayed during the period after its appeal and until an appeal is taken or during the pendency of an appeal.  The other provisions of this rule shall govern the suspending, modifying, or restoring, or granting of an injunction during the pendency of an appeal.
  2. In its discretion and on such conditions for security of the adverse party as are proper, the Court may stay the execution of or any proceeding to enforce a judgment pending the disposition of a motion for new trial under Rule 59 or of motions under Rule 50 or 60.
  3. When an appeal is taken from 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 conditions as deems proper for the security of the rights of the adverse party.  The Court may require a cash or surety bond be posted by the appropriate parties.
  4. When an appeal is taken, the appellants by giving bond in an amount fixed by the Court of at least an amount sufficient to pay any judgment which may be rendered against him on appeal, may obtain a stay unless such stay is otherwise prohibited by law or by these rules.  The stay is effective when the bond is approved and received by the Court, but not until such time.
  5. When an appeal is taken by the Tribe or an officer or agency of the Tribe, a stay shall be granted by the Tribal Court automatically upon request and no bond or other security shall be required from the Tribe or its officers or agencies.
  6. Nothing in this rule shall be construed to limit the power of the Appellate Court to grant such stays or other proceedings or make such Orders appropriate to preserve the status quo or the effectiveness of any judgment subsequently to be entered.
  7. When a Court has ordered a final judgment on some but not all claims presented in an action, the Court may stay enforcement of that judgment until the entering of a remaining judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
  8. No stay, injunction, or other relief from a judgment or Order pursuant to this rule shall be granted by the Court without notice to the opposing party and the opportunity to be heard.
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