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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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motion for relief from a judgment or order made pursuant to Rule 60, or <strong>of</strong> a motion for<br />

amendment to <strong>the</strong> findings or for additional findings made pursuant to Rule 52(b).<br />

(c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or<br />

final judgment granting, dissolving, or denying an injunction, <strong>the</strong> court in its discretion<br />

may suspend, modify, restore, or grant an injunction during <strong>the</strong> pendency <strong>of</strong> <strong>the</strong> appeal<br />

upon such terms as to bond or o<strong>the</strong>rwise as it considers proper for <strong>the</strong> security <strong>of</strong> <strong>the</strong><br />

rights <strong>of</strong> <strong>the</strong> adverse party.<br />

(d) Stay Upon Appeal. When an appeal is taken, <strong>the</strong> appellant by giving a<br />

supersedeas bond may obtain a stay subject to <strong>the</strong> exceptions contained in subdivision (a)<br />

<strong>of</strong> this rule. The bond may be given at or after <strong>the</strong> time <strong>of</strong> filing <strong>the</strong> notice <strong>of</strong> appeal or <strong>of</strong><br />

procuring <strong>the</strong> order allowing <strong>the</strong> appeal, as <strong>the</strong> case may be. The stay is effective when<br />

<strong>the</strong> supersedeas bond is approved by <strong>the</strong> court.<br />

(e) Stay in Favor <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> or an Agency There<strong>of</strong>.<br />

When an appeal is taken by <strong>the</strong> government <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> or an <strong>of</strong>ficer or agency<br />

<strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> or by direction <strong>of</strong> any department <strong>of</strong> <strong>the</strong> government <strong>of</strong> <strong>the</strong> State <strong>of</strong><br />

<strong>Yap</strong> and <strong>the</strong> operation or enforcement <strong>of</strong> <strong>the</strong> judgment is stayed, no bond, obligation, or<br />

o<strong>the</strong>r security shall be required from <strong>the</strong> appellant.<br />

(f) Vacant. (Stay According to State Law)<br />

(g) Power <strong>of</strong> Appellate Court Not Limited. The provisions in this rule do not limit<br />

any power <strong>of</strong> <strong>the</strong> appellate division or <strong>of</strong> a justice <strong>the</strong>re<strong>of</strong> to stay proceedings during <strong>the</strong><br />

pendency <strong>of</strong> an appeal or to suspend, modify, restore, or grant an injunction during <strong>the</strong><br />

pendency <strong>of</strong> <strong>the</strong> appeal or to make any order appropriate to preserve <strong>the</strong> status quo or <strong>the</strong><br />

effectiveness <strong>of</strong> <strong>the</strong> judgment subsequently to be entered.<br />

(h) Stay <strong>of</strong> Judgment as to Multiple Claims or Multiple Parties.<br />

When a court has ordered a final judgment under <strong>the</strong> conditions stated in Rule 54(b),<br />

<strong>the</strong> court may stay enforcement <strong>of</strong> that judgment until <strong>the</strong> entering <strong>of</strong> a subsequent<br />

judgment or judgments and may prescribe such conditions as are necessary to secure <strong>the</strong><br />

benefit <strong>the</strong>re<strong>of</strong> to <strong>the</strong> party in whose favor <strong>the</strong> judgment is entered.<br />

Rule 63. Disability <strong>of</strong> a Justice. If by reason <strong>of</strong> death, sickness, or o<strong>the</strong>r disability, a<br />

justice before whom an action has been tried is unable to perform <strong>the</strong> duties to be<br />

performed by <strong>the</strong> court under <strong>the</strong>se rules after findings <strong>of</strong> fact and conclusions <strong>of</strong> law are<br />

filed, <strong>the</strong>n any o<strong>the</strong>r justice regularly sitting in or assigned to <strong>the</strong> court may perform those<br />

duties; but if such o<strong>the</strong>r justice is satisfied that he cannot perform those duties, because he<br />

did not preside at <strong>the</strong> trial or for any o<strong>the</strong>r reason, he may in his discretion grant a new<br />

trial.<br />

Rule 64. Seizure <strong>of</strong> Person or Property. At <strong>the</strong> commencement <strong>of</strong> and during <strong>the</strong><br />

course <strong>of</strong> an action, all remedies providing for seizure <strong>of</strong> person or property for <strong>the</strong><br />

purpose <strong>of</strong> securing satisfaction <strong>of</strong> <strong>the</strong> judgment ultimately to be entered in <strong>the</strong> action are

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