Nev. R. Civ. P. 62
Advisory Committee Note 2019 Amendment Subsection (a). Rule 62(a) retains the automatic stay provisions and exceptions in former NRCP 62(a) but updates the language and, tracking the 2018 amendments to FRCP 62(a), extends the automatic stay provided by Rule 62(a)(1) from 10 to 30 days.
Subsection (b). Rule 62(b) retains the language concerning postjudgment motions from the pre-April 2018 federal rule.
Subsection (d). Rule 62(d) adopts provisions from both former NRCP 62(d), which is consistent with the pre-2018 FRCP 62(d), and the 2018 amendments to FRCP 62(b). Rule 62(d)(1) provides for a stay effective on filing of a supersedeas bond. Rule 62(d)(2) is patterned after the 2018 amendments to FRCP 62(b) and provides that, as an alternative to a supersedeas bond, a stay pending appeal may be obtained through a court-approved bond or other security, or a combination of both; a stay under Rule 62(d)(2) takes effect when the court approves the security.
Drafter's Note
2004 Amendment
Subdivision (a) is amended to adopt the federal rule, which provides for an automatic stay of execution upon or enforcement of a judgment except in an action for an injunction or in a receivership action. But the Nevada rule provides for a stay until 10 days after service of written notice of entry of the judgment whereas the federal rule provides for a stay until 10 days after entry of the judgment.
Subdivision (b) is amended to conform to the change in diction set forth in revised Rule 50(a).
Subdivision (d) is amended to add the exceptions for injunctions and receiverships consistent with the amendments to subdivision (a). The provision retains the Nevada rule that a stay upon appeal is effective when the supersedeas bond is filed in lieu of the federal provision that the stay is effective when the court approves the supersedeas bond.