ORCP 72 – STAY OF PROCEEDINGS TO ENFORCE JUDGMENT

STAY OF PROCEEDINGS TO ENFORCE JUDGMENT

RULE 72

A Immediate execution; discretionary stay. Execution or other proceeding to enforce a judgment may issue immediately upon the entry of the judgment, unless the court directing entry of the judgment, in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs. The court shall have authority to stay execution of a judgment temporarily until the filing of a notice of appeal and to stay execution of a judgment pending disposition of an appeal, as provided in ORS 19.335, 19.340 and 19.350 or other provision of law.

B Other stays. This rule does not limit the right of a party to a stay otherwise provided for by these rules or other statute or rule.

C Stay or injunction in favor of public body. The federal government, any of its public corporations or commissions, the state, any of its public corporations or commissions, a county, a municipal corporation, or other similar public body shall not be required to furnish any bond or other security when a stay is granted by authority of section A of this rule in any action to which it is a party or is responsible for payment or performance of the judgment.

D Stay of judgment as to multiple claims or multiple parties. If a court enters a limited judgment under the provisions of Rule 67 B, the court may stay enforcement of the judgment and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

[CCP 12/13/80; §A amended by CCP 12/14/96; §A amended by 1997 c.71 §18; §D amended by 2003 c.576 §263]