EXECUTION OF JUDGMENT

UPON A JUDGMENT OR ORDER THAT DISPOSES OF THE ACTION

DISCRETIONARY EXECUTION

A
1. upon the expiration of the period to appeal, if no appeal perfected

B
1. appeal has been perfected 2. finally resolved

EXECUTION OF JUDGMENT PENDING APPEAL

May only issue: 1. upon good reasons 2. stated in a special order 3. after due hearing

EXECUTION OF SEVERAL, SEPARATE OR PARTIAL JUDGMENTS

On Motion of the prevailing party

STAY OF DISCRETIONARY EXECUTION

As a matter of right or

On Motion of the judgment obligee

On Motion
TO THE APPELLATE COURT 1. appellate court may order the court of origin to issue it 2. when interest of justice so requires

A
TO THE COURT OF ORIGIN 1. while it has jurisdiction over the case 2. and is in possession of either the original record or the record on appeal 3. with notice to the adverse party

B
TO THE APPELLATE COURT 1. After the trial court lost jurisdiction
Shall be upon such terms: 1. as to bond 2. or otherwise considered proper for the protection of the rights of the adverse party

HOW
(to the court of origin) 1. upon approval by the proper court 2. of a sufficient supersedeas bond 3. filed by the party against whom it is directed 4. conditioned upon the performance of the judgment, in case finally sustained

HOW
SUBMIT TO COURT OF ORIGIN: 1. certified true copies of judgment sought to be enforced 2. entry thereof 3. with notice to the adverse party

REVERSAL OF EXECUTED JUDGMENT

(whether totally or partially) (on appeal or otherwise) 1. trial court may, on motion 2. issue such orders of restitution or reparation of damages 3. as equity and justice may warrant under the circumstances.

May be proceeded against: 1. on motion 2. with notice to the surety EXCEPTIONS 1. injunction 2. receivership 3. accounting 4. support - they are immed. executory unless court prov otherwise - if appealled, court may suspend, modify or grant the four

EXECUTION OF JUDGMENT (OTHERS)

WRIT OF EXEC BY MOTION OR BY INDEPENDENT ACTION A
1. on motion 2. w/in 5 yrs 3. from the date of entry

BY DEATH OF PARTY
JMENT OBLIGEE application of his executor or administrator, or successor in interest JUDGMENT OBLIGOR
VS

B
1. after the lapse of 5yrs 2. before it is barred by statute of limitations 3. a judgment may be enforced by action

executor or administrator or successor in interest

1.

judgment be for the recovery of real or personal property 2. or the enforcement of a lien thereon

The revived judgment 1. may also be enforced by motion within 5 yrs from the date of its entry 3. thereafter by action before it is barred by the statute of limitations

after execution is actually levied upon any of his property

JUDGMENT OBLIGOR 1.Prop sold for the satisfaction of the judgment obligation, 2. and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands