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1. When appealing a monetary damage judgment from a trial court,

is bonding the judgment mandatory? 2...
1. When appealing a monetary damage judgment from a trial court, is bonding the judgment mandatory?
2. If not, are there conditions that may make the bonding request more likely?
3. Are certain defendants such as Cities and Counties exempted from any such mandatory bonding?
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Answered in 32 minutes by:
9/19/2013
John
John, Attorney
Category: Legal
Satisfied Customers: 5,801
Experience: Licensed and practicing attorney.
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Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.
I'll answer your questions as follows:


1. When appealing a monetary damage judgment from a trial court, is bonding the judgment mandatory? - Answer - first it is not mandatory that you seek a stay of the trial court pending appeal. If you do not seek a stay, the judgment creditor can begin to execute on the judgment regardless of whether an appeal is pending - i.e., they can begin the collection process. A stay of court pending appeal may be conditioned on the posting of a good and sufficient bond, other conditions, or both; it is totally dependent upon the judge. But in most instances the trial court is going to require a bond be posted.

2. If not, are there conditions that may make the bonding request more likely? -- Yes -- In the request for stay if there is no discussion of the harm that will befall on the person if bond is required; if you are requesting a stay and there is little evidentiary support in the form of affidavits to support a successful appeal; if there is no support in the motion for stay that a party would be harmed by a bond being required; you have not adequately demonstrated in the motion for stay that there is little likelihood of harm to the opponent if bond is not required. To motion for a stay of court without these being explained would most likely result in a bond being required.

3. Are certain defendants such as Cities and Counties exempted from any such mandatory bonding? -- Bonding isn't necessarily mandatory...but courts usually require it. Public bodies and officers are largely exempt from bonding at all except in criminal actions, but the opposing party can motion against the same.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this message. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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Customer reply replied 4 years ago


Thanks for an excellent response.


Should the judge decide, after hearing such arguments as the judgment creditor can muster in favor of a Bond, that a bond is not required, is there any kind of interlocutory type of appeal that can be made to the appellate court on that issue alone?

Ronald, the party could ask the appellate court to review the lack of a bond required in by the trial court, but that type of motion would rarely succeed because the appellate court gives all deference to the trial court's decision on stays, meaning it isn't going to overturn the decision unless it plainly has committed an abuse of the very wide discretion it has under the law. Thus arguing any type of factual reasoning why a bond should have been required would be futile.
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