Supersedeas bond

Supersedeas bond

A supersedeas 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.

tate Rules of Civil Procedure

In New Jersey, 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.


Wikimedia Foundation. 2010.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • supersedeas bond — see bond 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • supersedeas bond — A bond required upon obtaining supersedeas, conditioned to protect the interest of the appellee or defendant in error. 4 Am J2d A & E § 369. A bond given by a party appealing from a judgment to stay execution thereon pending the appeal …   Ballentine's law dictionary

  • supersedeas bond — A bond required of one who petitions to set aside a judgment or execution and from which the other party may be made whole if the action is unsuccessful. See Fed.R.Civil P. 62; Fed.R.App.P. 7 and 8 …   Black's law dictionary

  • bond — 1 n 1 a: a usu. formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure …   Law dictionary

  • supersedeas — noun a) A type of surety bond that a court requires from an appellant who wants to delay payment of a judgement until the appeal is over. b) A writ requiring a lower court to suspend an action …   Wiktionary

  • Appeal Bond — An amount of money placed in holding while the appeal is being decided. An appeal bond is supplied by the appellant (plaintiff) who is appealing the court s judgment, and is usually in the amount of the original judgment (though it could be more) …   Investment dictionary

  • su|per|se|de|as — «SOO puhr SEE dee as», noun, plural de|as. Law. a writ ordering a delay in legal proceedings or suspending the powers of an officer, especially from a court of appeal to a lower court: »The judge also ruled that…the defendants could file a… …   Useful english dictionary

  • Richards v. Mackall — SCOTUSCase Litigants=Richards v. Mackall ArgueDate=December 1 ArgueYear=1884 DecideDate=March 2 DecideYear=1885 FullName=Richards v. Mackall USVol=113 USPage=539 Citation= Prior= Subsequent= Holding= SCOTUS=1882 1887 Majority= JoinMajority=… …   Wikipedia

  • Shawn Carpenter — is an American Navy veteran and whistleblower (previously employed by Sandia National Laboratories) who tracked down a Chinese cyberespionage ring that is code named Titan Rain by the FBI. He came to national attention when his story was reported …   Wikipedia

  • damages at large — An award for which there is no monetary standard of computation, such as damages for pain and suffering. Broughel v Southern New England Tel. Co. 73 Conn 614, 621. damages for delay. As the term appears in a supersedeas bond, such damages arising …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”