NOTES TO RULE 62
HISTORY: (Amended Mar. 19, 1948; Oct. 20, 1949; July 19, 1961; Aug. 1, 1987)
Notes of Advisory Committee on Rules.
Note to Subdivision (a).
The first sentence states the substance of the last sentence of USC, Title 28, former § 874 (Supersedeas). The remainder of the subdivision states the substance of the last clause of USC, Title 28, former § 227 (Appeals in proceedings for injunctions; receivers; and admiralty), and of former § 227a (now §§ 1292, 2107) (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 USC, Title 28, former § 840 (Executions; stay on conditions).
Note to Subdivision (c).
Compare former Equity Rule 74 (Injunction Pending Appeal); and Cumberland Telephone and Telegraph Co. v Louisiana Public Service Commission, 260 US 212, 67 L Ed 217, 43 S Ct 75 (1922). See Simkins, Federal Practice (1934) § 916 in regard to the effect of appeal on injunctions and the giving of bonds. See USC, Title 6 (Official and Penal Bonds) for bonds by surety companies. For statutes providing for a specially constituted district court of three judges, see:
USC, 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 USC, Title 15: § 28 (Antitrust laws; suits against monopolies expedited) USC, Title 28, former: § 47 (Injunctions as to orders of Interstate Commerce Commission, etc.) § 380 (Injunctions; alleged unconstitutionality of State statutes) § 380a (Same; constitutionality of federal statute) USC, Title 49: § 44 (Suits in equity under interstate commerce laws; expedition of suits)
Note to Subdivision (d).
This modifies USC, Title 28, former § 874 (Supersedeas). See Rule 36(2), 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 USC, Title 28, formerly § 870 (now § 2408) (Bond; not required of the United States).
Note to Subdivision (f).
This states the substance of USC, Title 28, former § 841 (Executions; stay of one term) with appropriate modification to conform to the provisions of Rule 6(c) as to terms of court.
Notes of Advisory Committee on 1946 Amendments to Rules.
Note to Subdivision (a).
[This subdivision not amended.] Sections 203 and 204 of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 USC Appendix, §§ 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 USC App § 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 64 herein.
Subdivision (b).
This change was necessary because of the proposed addition to Rule 59 of subdivision (e).
Subdivision (h).
In proposing to revise Rule 54(b), the Committee thought it advisable to include a separate provision in Rule 62 for stay of enforcement of a final judgment in cases involving multiple claims.
Notes of Advisory Committee on 1949 Amendments to Rules.
The amendment effective October 1949 deleted at the end of subdivision (g) the following language which originally appeared after the word "entered": "and these rules do not supersede the provisions of Section 210 of the Judicial Code, as amended, USC, Title 28, former § 47a, or of other statutes of the United States to the effect that stays pending appeals to the Supreme Court may be granted only by that court or a justice thereof."
Notes of Advisory Committee on 1961 Amendments to Rules.
The amendment adopted Apr. 17, 1961, eliminated words "on some but not all of the claims presented in the action" which followed "final judgment."
Notes of Advisory Committee on 1987 amendments to Rules.
The amendment is technical. No substantive change is intended.