R. 2:9-5. — Stay of Proceedings in Civil Actions, Contempts, and Arbitrations

a. Stay on Order; Bond, Other Security or Cash Deposit. Except as otherwise provided by R. 1:10 (Contempt), neither an appeal, nor motion for leave to appeal, nor a proceeding for certification, nor any other proceeding in the matter shall stay proceedings in any court in a civil action or summary contempt proceeding, but a stay with or without terms may be ordered in any such action or proceeding in accordance with R. 2:9-5(b). If a stay is denied after conviction in a summary contempt proceeding, bail shall be allowed as provided by R. 2:9-4. A judgment or order in a civil action adjudicating liability for a sum of money or the rights or liabilities of parties in respect of property which is the subject of an appeal or certification proceedings shall be stayed only upon the posting of a supersedeas bond or other form of security pursuant to R. 2:9-6 or a cash deposit pursuant to R. 1:13-3(c), unless the court otherwise orders after notice and on good cause shown. Such posting or deposit may be ordered by the court as a condition for the stay of any other judgment or order in a civil action.

b. Court to Which Motion Made. A motion for a stay in a civil action or contempt proceeding prior to the date of the oral argument in the appellate court or of submission to the appellate court for consideration without argument shall be made first to the court which entered the judgment or order. Thereafter the motion shall be made to the appellate court. If the motion is denied below, it may be made again to the appellate court; if granted below, the appellate court may entertain a motion to dissolve the stay. The grant or denial of a stay by the Appellate Division may be reviewed on motion to the Supreme Court on notice to the Appellate Division without taking an appeal to the Supreme Court. Following disposition in the Appellate Division and pending proceedings in the Supreme Court, a stay shall be sought in the first instance from the Appellate Division. Further relief from its order may be sought in the Supreme Court.

c. Stay of Arbitration Pending Appeal. If an order compelling arbitration is appealed as of right pursuant to R. 2:2-3(b), then any party subject to the order may move in the trial court for a stay of the arbitration pending appeal. If so requested, the stay of the arbitration shall be granted unless the court finds that exceptional circumstances warrant the arbitration to proceed while the appeal is pending. If an order compelling or denying arbitration is appealed as of right pursuant to R. 2:2-3(b) in circumstances where the trial court retains jurisdiction over remaining claims or parties pursuant to the exception set forth in R. 2:9-1(a), any party may move in that court for a stay of proceedings pertaining to such remaining claims or parties pending appeal. The trial court shall exercise its sound discretion in the interests of justice in deciding whether to grant or deny the stay and whether any conditions shall apply. Any party may apply to the appellate court, by way of a timely motion filed in accordance with R. 2:8-1, to obtain review of the trial court's disposition of the application for a stay pending appeal.