Short answer. Yes. Discretionary execution may be stayed if the proper court approves a sufficient supersedeas bond that you file, conditioned on performing the judgment or order if it is ultimately sustained in whole or in part. The bond can later be proceeded against on motion, with notice to the surety.

What the law says

Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against whom it is directed, conditioned upon the performance of the judgment or order allowed to be executed in case it shall be finally sustained in whole or in part. The bond thus given may be proceeded against on motion with notice to the surety.

Rule 39, Section 3 — Stay of discretionary execution. Read the full provision →

Discretionary execution can be stayed by a bond

Discretionary execution issued under the preceding section of the Rule may be stayed upon approval, by the proper court, of a sufficient supersedeas bond filed by the party against whom the execution is directed. This gives that party a concrete way to hold off enforcement while an appeal or other proceeding is still pending, rather than simply having to absorb the effects of execution in the meantime.

What the bond secures

The bond is conditioned upon the performance of the judgment or order allowed to be executed, in the event it is finally sustained, whether in whole or only in part, by whatever court ultimately reviews it. If the judgment obligee prevails, the bond stands ready to cover the obligation that the stayed execution would otherwise have collected. If the appellate court instead reverses the judgment outright, the bond's purpose falls away, since there would no longer be a judgment left to perform.

Proceeding against the bond, and why the mechanism exists

Should the party who obtained the stay fail to perform once the judgment is sustained, the bond may be proceeded against on motion, with notice given to the surety who issued it. This lets a party facing discretionary execution avoid immediate enforcement during an appeal, without leaving the winning party unprotected in the meantime. In effect, the bond substitutes for immediate enforcement, letting the case play out on appeal without either side being left completely unprotected in the meantime.

Why a party would choose this route

Discretionary execution can force a losing party to comply with a judgment — paying money, surrendering property, or performing an act — while an appeal challenging that very judgment is still unresolved. Posting a supersedeas bond gives that party a way to avoid absorbing those effects immediately, without simply ignoring the trial court's order. It substitutes financial security, backed by a bond the court finds sufficient, for the immediate, potentially irreversible consequences of enforcement pending appeal.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.