Rule 62 - Stay of Proceedings to Enforce a Judgment(a) Automatic stay. Except as stated herein, no proceedings shall be taken to enforce a judgment until the expiration of 30 days after its entry or until the time for appeal from the judgment as extended by Civil Rule 72 has expired. The court may order that a judgment not be stayed on the same grounds and security provided in subdivision (c) for orders that a judgment not be stayed during an appeal. There is no automatic stay concerning decrees of adoption or orders issued under 15A V.S.A. or orders issued pursuant to 14 V.S.A. chapter 111, subchapter 12 (Guardianship for Mentally Disabled Adults). (b) Order for immediate enforcement. In its discretion, the court on motion may, for cause shown and subject to such conditions as it deems proper, order that a judgment be executed at any time after the entry of judgment and before an appeal from the judgment has been taken or a motion made pursuant to Rules 52(b) or 60; but no such order shall issue if a representation, subject to the obligations set forth in Rule 11, is made that a party intends to appeal or to make such motion. When an order for immediate enforcement of the judgment under this subdivision is denied, the court may, upon a showing of good cause, at any time prior to appeal or during the pendency of an appeal, order the party against whom enforcement was sought to give bond in an amount fixed by the court conditioned upon satisfaction of the damages for delay, interest, and costs if for any reason the appeal is not taken or is dismissed, or if the judgment is affirmed. (c) Stay upon appeal. Except as provided in subdivisions (a) and (b) of this rule, the taking of an appeal from a judgment shall operate as a stay of enforcement of the judgment during the pendency of the appeal, and no supersedeas bond or other security shall be required as a condition of such stay. A party may move that the judgment not be stayed during the appeal period. If the court finds that exceptional circumstances exist, and that the absence of a stay will not prejudice any party who may prevail on appeal as long as proper security is provided, the court may order that the judgment not be stayed. The order shall be conditioned on the giving of such security that an appealing party will not be prejudiced if that party prevails on the appeal. (d) Power of Superior and Supreme Court not limited. The provisions in this rule do not limit any power of the Superior or Supreme Court during the pendency of an appeal to suspend, modify, restore, or grant an injunction or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered. (e) Stay of judgment as to multiple claims or multiple parties. When a court has ordered a final judgment where there are multiple claims or parties, the court may stay enforcement of that judgment until the entry of a subsequent judgment and may prescribe such conditions as are necessary to secure the benefit thereof to the prevailing party. (f) Probate court jurisdiction while appeal is pending. During the pendency of an appeal, the probate court retains jurisdiction as to matters not involved in the appeal as determined from the questions presented pursuant to Civil Rule 72(c) or Appellate Rule 13(c). The court also retains jurisdiction to grant or deny motions for modification of the judgment. If the probate court takes any action while a case is on appeal in the superior court, the probate court shall forthwith certify the action to the superior court. Unless otherwise ordered by the probate court, the pendency of an appeal does not affect any requirement that a fiduciary file an inventory, file an accounting or provide notice to creditors and allow claims of creditors. Amended July 2, 2004; eff. 10/1/2004.