Rule 8-422 - Stay of Enforcement of Judgment(a) Civil Proceedings.(1)Generally. Stay of an order granting an injunction is governed by Rules 2-632 and 8-425. Except as otherwise provided in the Code or Rule 2-632, an appellant may stay the enforcement of any other civil judgment from which an appeal is taken by filing with the clerk of the lower court a supersedeas bond under Rule 8-423, alternative security as prescribed by Rule 1-402(e), or other security as provided in Rule 8-424. The bond or other security may be filed at any time before satisfaction of the judgment, but enforcement shall be stayed only from the time the security is filed. Cross reference: For provisions permitting a stay without the filing of a bond, see Code, Family Law Article, § 5-518 and Courts Article, § 12-701(a)(1). For provisions limiting the extent of the stay upon the filing of a bond, see Code, Alcoholic Beverages Article, § 4-908; Courts Article, § 12-701(a)(2); Insurance Article § 2-215(j)(2); and Tax-Property Article, § 14-514. For general provisions governing bonds filed in civil actions, see Title 1, Chapter 400 of these Rules.
(2)When Security Filed After Partial Execution. If a supersedeas bond or other security is filed after partial execution on the judgment, the clerk of the lower court shall issue a writ directing the sheriff who has possession of any property attached to stay further proceedings and surrender the property upon payment of all accrued costs of the execution.(3)Death of Appellant. A bond or other security filed shall not be voided by the death of the appellant pending the appeal.(b) Criminal Proceedings. Stay of enforcement of a judgment in a criminal proceeding is governed by Rule 4-349. Cross reference: For provisions permitting a stay without the filing of a bond, see Code, Criminal Procedure Article, § 7-109.
(c) Review of Lower Court Action by the Court of Special Appeals. After an appeal has been filed, on motion of a party who has first sought relief in the lower court, the Court of Special Appeals, with or without a hearing, may (1) deny the motion; (2) increase, decrease, or fix the amount of the supersedeas or criminal appeal bond; (3) enter an order as to the surety or security on the bond, other security, or the conditions of the stay; or (4) enter an order directing further proceedings in the lower court.(d) Continuation in Court of Appeals of Previously Filed Security. A bond or other security previously filed to stay enforcement of a judgment of the lower court shall continue in effect pending review of the case by the Court of Appeals. On motion, the Court of Appeals, with or without a hearing, may take such action as may be appropriate, including increasing or decreasing the amount of the bond, any security on the bond, or any other security.Md. R. Rev. Ct. App. & Spec. App. 8-422
This Rule is derived as follows:
Subsection (a)(1) is derived from former Rule 1017 a and c.
Subsection (a)(2) is derived from former Rule 1017 d.
Subsection (a)(3) is derived from former Rule 1017 f.
Section (b) is new.
Section (c) is derived from former Rule 1020 d.
Section (d) is derived from former Rule 816.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended May 9, 2000, eff. 7/1/2000; 1/8/2002, eff. 2/1/2002; 10/31/2002, eff. 1/1/2003; 5/15/2019, eff. 7/1/2019; amended April 21, 2023, eff. 7/1/2023.HISTORICAL NOTES
2000 Orders
The May 9, 2000, order amended the cross reference following section (a).
2002 Orders
The January 8, 2002, order amended the cross reference following section (a).
The October 31, 2002, order made changes to reorganize the rule; inserted a new section (b) relating to stay of enforcement of criminal judgment and redesignated other provisions accordingly; made changes to provide for appellate review of post judgment decisions pursuant to Rule 4-349 and of conditions imposed in relation to stays of enforcement; and added provisions allowing for appellate courts to enter orders for further proceedings in lower courts.
2019 Orders
The May 15, 2019 order updated the cross reference following subsection (a)(1).