Kansas Statutes Annotated

K.S.A. § 60-262 (2026)

Stay of proceedings to enforce judgment

✓ current as of May 2026

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60-262. 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.

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 1972–2024 · leading case: Todd v. Kelly, 837 P.2d 381 (Kan. 1992).

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Todd v. Kelly, 837 P.2d 381 (Kan. 1992). · cites it 2× “60-2103(d) and K.S.A. 60-262(e). Specifically, the Commissioner contends that, pursuant to K.”

Uhlmann v. Richardson, 287 P.3d 287 (Kan. Ct. App. 2012). · cites it 2× “After that, the Richardsons posted a cash appeal bond (known as a supersedeas bond) of $230,000; the district court then stayed further proceedings to collect on the judgment, as authorized by K.S.A. 60-262(d). No money was collected through the filing of these garnishments.”

W-V Enter., Inc. v. Fed. Sav. & Loan Ins., 673 P.2d 1112 (Kan. 1983). · cites it 3× “K.S.A. 60-262(c), however, is the applicable law.”

Sec. Bank of Kansas City v. Tripwire Operations Grp., 412 P.3d 1030 (Kan. Ct. App. 2018). · cites it 2× “Nichols had not filed a request for a stay of proceedings to enforce the judgment in the district court, nor did he file a supersedeas bond under K.S.A. 2016 Supp. 60-262(d) that would stay collection efforts on the Bank's judgment.”

Vap v. Diamond Oil Producers, Inc., 671 P.2d 1126 (Kan. Ct. App. 1983). · cites it 2× “" Defendant was aware of plaintiff's intent to garnish, yet took no action under K.S.A. 60-262( b ) to stay the proceedings to enforce judgment, or under 60-2103( d ) to obtain a supersedeas bond.”

State v. Morrison, 359 P.3d 60 (Kan. 2015). · cites it 3× “Morrison appealed the district court’s order and filed a motion pursuant to K.S.A. 2014 Supp. 60-262(d) to stay the order, but the district court denied the motion.”

Excel Corp. v. Jimenez, 7 P.3d 1118 (Kan. 2000). · cites it 2× “K.S.A. 1999 Supp. 60-262(d). A supersedeas bond is not required where defendant's money is paid into court awaiting final judgment for distribution.”

In re Marriage of Doud & Modrcin, 480 P.3d 800 (Kan. Ct. App. 2020). “For example, a money judgment acts as a lien upon a person's real property and must be paid before the judgment debtor receives any proceeds from the sale of that property.”

Huet-Vaughn v. Kansas State Bd. of Healing Arts, 978 P.2d 896 (Kan. 1999). · cites it 2× “The Court of Appeals panel held defendant acquiesced in the judgment by not requesting a stay (K.S.A. 60-262[b]) or by not obtaining a supersedeas bond (K.”

Lower v. Bd. of Dir. of Haskell Cnty. Cemetery Dist., 56 P.3d 235 (Kan. 2002). “However, the district court granted the Lowers an order of stay pending appeal pursuant to K.S.A. 2001 Supp. 60-262. The Lowers filed a timely appeal of the judgment of the district court.”

Cansler v. Harrington, 643 P.2d 110 (Kan. 1982). “Kansas statutes relevant to the issue include K.S.A. 60-262 and K.S.A. 60-2103(d). K.S.”

Robbins v. Chevron U.S.A., Inc., 785 P.2d 1010 (Kan. 1990). “60-254(b) and staying enforcement of such judgment under K.S.A. 60-262(g). On February 28, 1989, a hearing was held on the accounting and the district court, on March 9, 1989, entered judgment against Chevron in the amount of $4,419,064.”

Show all 22 citing cases →

— K.S.A. § 60-262(a) — 4 cases

Hoelting Enter. v. Trailridge Investors, L.P., 844 P.2d 745 (Kan. Ct. App. 1993).

Moritz Implement Co. v. Matthews, 959 P.2d 886 (Kan. 1998).

Equity Bank, N.A. v. Pourmemar (Kan. Ct. App. 2024).

— K.S.A. § 60-262(b) — 1 case

Huet-Vaughn v. Kansas State Bd. of Healing Arts, 978 P.2d 896 (Kan. 1999). “The Court of Appeals panel held defendant acquiesced in the judgment by not requesting a stay (K.S.A. 60-262[b]) or by not obtaining a supersedeas bond (K.”

— K.S.A. § 60-262(c) — 2 cases

W-V Enter., Inc. v. Fed. Sav. & Loan Ins., 673 P.2d 1112 (Kan. 1983). “K.S.A. 60-262(c), however, is the applicable law.”

Linnens v. Christensen, 646 P.2d 1141 (Kan. Ct. App. 1982).

— K.S.A. § 60-262(d) — 5 cases

Uhlmann v. Richardson, 287 P.3d 287 (Kan. Ct. App. 2012). “After that, the Richardsons posted a cash appeal bond (known as a supersedeas bond) of $230,000; the district court then stayed further proceedings to collect on the judgment, as authorized by K.S.A. 60-262(d). No money was collected through the filing of these garnishments.”

Sec. Bank of Kansas City v. Tripwire Operations Grp., 412 P.3d 1030 (Kan. Ct. App. 2018). “Nichols had not filed a request for a stay of proceedings to enforce the judgment in the district court, nor did he file a supersedeas bond under K.S.A. 2016 Supp. 60-262(d) that would stay collection efforts on the Bank's judgment.”

Excel Corp. v. Jimenez, 7 P.3d 1118 (Kan. 2000). “K.S.A. 1999 Supp. 60-262(d). A supersedeas bond is not required where defendant's money is paid into court awaiting final judgment for distribution.”

State v. Morrison, 359 P.3d 60 (Kan. 2015). “Morrison appealed the district court’s order and filed a motion pursuant to K.S.A. 2014 Supp. 60-262(d) to stay the order, but the district court denied the motion.”

Smith v. Almonte, 81 P.3d 457 (Kan. Ct. App. 2003).

— K.S.A. § 60-262(e) — 2 cases

Todd v. Kelly, 837 P.2d 381 (Kan. 1992). “60-2103(d) and K.S.A. 60-262(e). Specifically, the Commissioner contends that, pursuant to K.”

W-V Enter., Inc. v. Fed. Sav. & Loan Ins., 673 P.2d 1112 (Kan. 1983). “K.S.A. 60-262(c), however, is the applicable law.”

— K.S.A. § 60-262(f) — 1 case

— K.S.A. § 60-262(g) — 1 case

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