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.
Structure Kansas Statutes
Article 2 - Rules Of Civil Procedure
60-201 Rules of civil procedure; citation; scope.
60-203 Commencement of action.
60-205 Service and filing of pleadings and other papers.
60-207 Pleadings allowed; motions; form.
60-208 General rules of pleadings.
60-209 Pleading special matters.
60-211 Signing of pleadings, motions and other papers; representations to the court; sanctions.
60-212 Defenses and objections; presentations, when and how; certain motions; waiver.
60-213 Counterclaims and cross-claims.
60-215 Amended and supplemental pleadings.
60-216 Pretrial conferences; case management conference.
60-218 Joinder of claims; contingent claims.
60-219 Required joinder of parties; feasibility.
60-220 Permissive joinder of parties.
60-221 Misjoinder and nonjoinder of parties.
60-223b Actions relating to unincorporated associations.
60-225 Substitution of parties.
60-226 General provisions governing discovery.
60-227 Perpetuation of testimony; petition; order.
60-228 Persons before whom depositions may be taken.
60-228a Uniform interstate depositions and discovery act.
60-229 Discovery procedure; stipulations.
60-230 Depositions by oral examination; requirements; examination; copies; attendance.
60-231 Depositions by written questions.
60-232 Use of depositions in court proceedings.
60-233 Interrogatories to parties.
60-235 Physical and mental examinations.
60-236 Requests for admission.
60-238 Right of trial by jury; demand; waiver.
60-239 Trial by jury or by the court.
60-240 Scheduling cases for trial; continuances.
60-242 Multicounty and multidistrict litigation.
60-243 Testimony of witnesses; evidence.
60-245a Subpoena of nonparty business records.
60-246 Objections to rulings or orders.
60-249 Special verdict; general verdict; written questions.
60-249a Itemized verdict, personal injury actions; jury instructions.
60-250 Judgment as a matter of law; motion for new trial.
60-251 Jury instructions; objections; erroneous instructions.
60-252 Findings and conclusions by the court; judgment on partial findings.
60-252a Trial by the court; judgment, ruling or decision, time limitation.
60-252b Rules of supreme court.
60-258a Comparative negligence.
60-259 New trial; motion to alter or amend judgment.
60-260 Relief from judgment or order.
60-262 Stay of proceedings to enforce judgment.
60-264 Enforcing orders for and against a nonparty; procedure.
60-265 Applicability of article.
60-266 Same; jurisdiction and venue.
60-267 Rules by district courts.
60-270 Retaining original records until case closed.