2009 Hawaii Code
Volume 13
TITLE 35 - APPEAL AND ERROR
CHAPTER 641 - APPEALS
§641-3 - Stay of proceedings to enforce a judgment.

     [§641-3]  Stay of proceedings to enforce a judgment.  (a)  This section applies to civil cases in which the rules of court as to stay of proceedings to enforce a judgment do not apply, unless otherwise provided by statute.

     (b)  No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry.  The court, upon good cause shown, may allow execution to issue or other appropriate action to be taken for the enforcement of the judgment within the ten-day period unless, within such time as shall be allowed by the court, a stay is obtained under subsection (c) or (d).

     (c)  In its discretion and on such conditions as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or other motion, or when justice so requires in other cases until such time as the court may fix.

     (d)  When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay.  The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be.  The stay is effective when the supersedeas bond is approved by the court.

     (e)  Notwithstanding the foregoing, there shall be no stay of an appealable order for counsel fee, suit money, temporary alimony, or other provisional order of a like nature made before final judgment in the cause, if the appellee shall give a bond in such amount and with such sureties as the court requires, conditioned for indemnification of the appellant for all damages that the appellant may sustain by reason of the payment or performance of the order, in case the appeal shall be sustained.

     (f)  Within the meaning of this section "judgment" includes a decree and any order from which an appeal lies. [L 1892, c 57, §71; am L 1903, c 32, §17; RL 1925, §2512; RL 1935, §3504; RL 1945, §9506; RL 1955, §208-6; HRS §641-5; am L 1970, c 188, §39; am L 1972, c 89, pt of §5; ren HRS §641-3; gen ch 1985]

 

General Note

 

  See HRCP rule 62.  See also appended chapter note, pts. I A8, I D8, II B.

 

Cases decided before adoption of the Hawaii Rules of Civil Procedure.

  Pending appeal, decree should not be enforced in whole or in part.  20 H. 370; 20 H. 682.  Appeals from judgment in habeas corpus proceedings stay execution.  13 H. 534; 19 H. 346; 26 H. 701.  While supersedeas operates, statute of limitations suspended.  20 H. 370.  An abortive appeal, until disposed of, operates as a supersedeas.  20 H. 370.  Re stay pending interlocutory appeal.  26 H. 69.  That part of section permitting execution to issue pending appeal does not apply to district court cases wherein jury trial is demandable of right.  14 H. 524.  But see 15 H. 590, where amendment to statute was upheld and execution ordered to issue in accordance therewith.  Executions pending appeal apply to proceedings for summary possession as well as to other proceedings and cannot issue unless upon good cause shown and an opportunity to file supersedeas bond.  15 H. 624.  In cases other than for the nonpayment of rent, an appeal from a judgment of summary possession does not operate as a supersedeas.  27 H. 362.  Liability to execution notwithstanding appeal does not detract from the adequacy of the remedy of assumpsit at law.  27 H. 308.  Bond:  on appeal by guardian from money judgment against guardian on accounting, not exempt from bond requirement.  27 H. 129.  Effect of appeal on sequestration:  33 H. 725; appeal as stay, 33 H. 911.

 

Case Notes

 

  Regarding amount of supersedeas bond in tenant's appeal from judgment awarding possession of land.  58 H. 546, 574 P.2d 128.

  Supersedeas bond, filed within appeal period, constituted sufficient notice of appeal to correct prematurely filed notice.  58 H. 552, 574 P.2d 884.

  Confers right of appeal on the State in nine instances, but not including pretrial discovery orders.  71 H. 304, 788 P.2d 1281.