LOCAL CIVIL RULE 62 - STAY OF
PROCEEDINGS TO ENFORCE A JUDGMENT
LR62.1 Petitions to Stay Execution
of State Court Judgments
LR62.2 Supersedeas Bond
LR62.1 Petitions to Stay
Execution of State Court Judgments
A. A plaintiff who
seeks a stay of enforcement of a state court judgment or order shall attach to the
petition a copy of each state court opinion and judgment involving the matter to be
presented. The petition shall also state whether or not the same plaintiff has previously
sought relief arising out of the same matter from this court or from any other federal
court. The reasons for denying relief given by any court that has considered the matter
shall also be attached. If reasons for the ruling were not given in a written opinion, a
copy of the relevant portions of the transcript shall be supplied.
B. If any issue is raised that was not raised, or has not been fully exhausted, in state court, the petition shall state the reasons why such action has not been taken.
C. This court's opinion in any such action shall separately state each issue raised by the petition and rule expressly on each issue stating the reasons for each ruling made.
D. If the same petitioner has previously filed in this court an application to stay enforcement of a state court judgment or for habeas corpus relief, the case shall be allotted to the judge who considered the prior matter.
LR62.2 Supersedeas
Bond
A supersedeas bond staying
execution of a money judgment shall be in the amount of the judgment plus 20% of the
amount to cover interest, costs and any award of damages for delay, unless the court
directs otherwise. [Amended June 28, 2002]