(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Apr. 17, 1961, eff. July 19, 1961; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)
Notes of Advisory Committee on Rules—1937
Note to Subdivision (a). The first sentence states the substance of the last sentence of U.S.C., Title 28, [former] § 874 (Supersedeas). The remainder of the subdivision states the substance of the last clause of U.S.C., Title 28, [former] § 227 (Appeals in proceedings for injunctions; receivers; and admiralty), and of [former] § 227a (Appeals in suits in equity for infringement of letters patent for inventions; stay of proceedings for accounting), but extended to include final as well as interlocutory judgments.
Note to Subdivision (b). This modifies U.S.C., Title 28, [former] § 840 (Executions; stay on conditions).
U.S.C., Title 7:
§ 217 (Proceedings for suspension of orders of Secretary of Agriculture under Stockyards Act)—by reference.
§ 499k (Injunctions; application of injunction laws governing orders of Interstate Commerce Commission to orders of Secretary of Agriculture under Perishable Commodities Act)—by reference.
U.S.C., Title 15:
§ 28 (Antitrust laws; suits against monopolies expedited)
U.S.C., Title 28:
§ 47 [now 2325] (Injunctions as to orders of Interstate Commerce Commission, etc.)
§ 380 [now 2284] (Injunctions; alleged unconstitutionality of State statutes.)
§ 380a [now 2284] (Same; constitutionality of federal statute)
U.S.C., Title 49:
§ 44 [former] (Suits in equity under interstate commerce laws; expedition of suits)
Note to Subdivision (c). Compare [former] Equity Rule
(Injunction Pending Appeal); and Cumberland Telephone and Telegraph Co. v. Louisiana Public Service Commission, 260 U.S. 212 (1922). See Simkins, Federal Practice (1934) § 916 in regard to the effect of appeal on injunctions and the giving of bonds. See U.S.C., [former] Title 6 (Official and Penal Bonds) for bonds by surety companies. For statutes providing for a specially constituted district court of three judges, see:
Note to Subdivision (d). This modifies U.S.C., Title 28, [former] § 874 (Supersedeas). See Rule
, Rules of the Supreme Court of the United States, which governs supersedeas bonds on direct appeals to the Supreme Court, and Rule 73(d), of these rules, which governs supersedeas bonds on appeals to a circuit court of appeals. The provisions governing supersedeas bonds in both kinds of appeals are substantially the same.
Note to Subdivision (e). This states the substance of U.S.C., Title
, § 870 [now 2408] (Bond; not required of the United States).
Note to Subdivision (f). This states the substance of U.S.C., Title 28, [former] § 841 (Executions; stay of one term) with appropriate modification to conform to the provisions of Rule
as to terms of court.
Notes of Advisory Committee on Rules—1946 Amendment
Subdivision (a). [This subdivision not amended]. Sections 203 and 204 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. [App.] § 501 et seq. [§§ 523,
524]) provide under certain circumstances for the issuance and continuance of a stay of execution of any judgment or order entered against a person in military service. See Bowsman v. Peterson (D.Neb. 1942) 45 F.Supp. 741. Section 201 of the Act [50 App.
U.S.C. § 521
] permits under certain circumstances the issuance of a stay of any action or proceeding at any stage thereof, where either the plaintiff or defendant is a person in military service. See also Note to Rule
Subdivision (b). This change was necessary because of the proposed addition to Rule 59 of subdivision (e).
Subdivision (h). In proposing to revise Rule
, the Committee thought it advisable to include a separate provision in Rule
for stay of enforcement of a final judgment in cases involving multiple claims.
Notes of Advisory Committee on Rules—1948 Amendment
Section 210 of the Judicial Code, as amended, U.S.C., Title
, § 47a, is repealed by revised Title 28 and its provisions that stays pending appeals to the Supreme Court in Interstate Commerce Commission cases may be granted only by that court or a justice thereof are not included in revised Title 28. Prior to this repeal the additional general reference in subdivision (g) to “other statutes of the United States”, was needed as a safety residual provision due to the specific reference to Section 210 of the Judicial Code. With the repeal of this latter section there is no need for the residual provision, which has no present applicability; and to the extent that any statute is enacted providing “that stays pending appeals to the Supreme Court may be granted only by that court or a justice thereof” it will govern and will not be inconsistent or repugnant to subdivision (g) as amended.
Notes of Advisory Committee on Rules—1961 Amendment
These changes conform to the amendment of Rule
Notes of Advisory Committee on Rules—1987 Amendment
The amendment is technical. No substantive change is intended.
Committee Notes on Rules—2007 Amendment
The language of Rule
has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
The final sentence of former Rule
referred to Rule
. It is deleted as an unnecessary [sic]. Rule
governs of its own force.
Committee Notes on Rules—2009 Amendment
The time set in the former rule at 10 days has been revised to 14 days. See the Note to Rule