Delaware Court Rules

Del. Ch. Ct. R. 62 (2026)

Rule 62. Stay of Proceedings Pending Appeal

✓ current as of August 2026
Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov CornellLII Search CasesGoogle Scholar

Rule 62. Stay of Proceedings Pending Appeal (a) Automatic Stay. Except as provided in Rules 62(c) and (d) or in an expedited or summary proceeding, execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the Court orders otherwise.

(b) Stay of Money Judgment by Bond or Other Security. At any time after judgment is entered, execution on a money judgment and proceedings to enforce it are stayed if a party provides a bond or other security. The stay takes effect when the Court approves the bond or other security and remains in effect for the time specified.

(c) Stay of an Order or Judgment Awarding Equitable Relief. An interlocutory order or judgment awarding equitable relief is not automatically stayed under Rule 62(a), but the Court may suspend, modify, restore, or grant an injunction against its enforcement or stay its effect pending appeal on terms, including for bond or other security, that protect the party in whose favor it was entered.

(d) Stay with Multiple Claims or Parties. A judgment entered under Rule 54(b) is not automatically stayed under Rule 62(a), but the Court may stay the enforcement of a judgment entered under Rule 54(b) until it enters a later judgment and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.

(e) Other Applicable Authority. Applications for injunctions or stays pending appeal, and orders granting that relief, must comply with the Rules of the Supreme

Court and, in the case of security pending appeal, Article IV, § 24 of the Constitution of the State of Delaware. History. Amended May 18, 2026, effective June 1, 2026.