Supersedeas bond
Encyclopedia
A supersedeas bond, also known as a defendant's appeal bond, is a type of surety bond
that a court requires from an appellant who wants to delay payment of a judgment until the appeal
is over.
An appellant's bond to stay execution on a judgment during the pendency of the appeal. Fed. R. Civ. P.
62(d); Fed. R. App. P.
8(b). -- Often shortened to supersedeas.
This is a feature of common law
, and in particular the American legal system. In most European countries an appeal leads to an automatic stay of execution
, unless the judge expressly ordered immediate execution.
, the posting of a bond is not required to appeal a decision. However, if the party wishes to stay a judgment during the appeal, a motion must be made with the Superior Court, and the Court can require the posting of a bond or cash deposit under R.2:9-5. The same rule applies in Delaware under the State Constitution as well as the court rules.
Arizona Rules of Civil Appellate Procedure, Rule 7, provides that "except in cases involving custody of children," an appellant may obtain a stay on a lower court judgment and all other further proceedings by filing a supersedeas bond in the Superior Court. ARCAP 7(a)(1).
Surety bond
A surety bond is a promise to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract...
that a court requires from an appellant who wants to delay payment of a judgment until the appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
is over.
An appellant's bond to stay execution on a judgment during the pendency of the appeal. Fed. R. Civ. P.
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
62(d); Fed. R. App. P.
Federal Rules of Appellate Procedure
The Federal Rules of Appellate Procedure are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals....
8(b). -- Often shortened to supersedeas.
This is a feature of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, and in particular the American legal system. In most European countries an appeal leads to an automatic stay of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
, unless the judge expressly ordered immediate execution.
State Rules of Civil Procedure
In New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, the posting of a bond is not required to appeal a decision. However, if the party wishes to stay a judgment during the appeal, a motion must be made with the Superior Court, and the Court can require the posting of a bond or cash deposit under R.2:9-5. The same rule applies in Delaware under the State Constitution as well as the court rules.
Arizona Rules of Civil Appellate Procedure, Rule 7, provides that "except in cases involving custody of children," an appellant may obtain a stay on a lower court judgment and all other further proceedings by filing a supersedeas bond in the Superior Court. ARCAP 7(a)(1).