|1997 Rules of Appellate Procedure|
|Rule 21||Rule 22||Rule 23||Rule 24||Rule 25||Rule 26||Rule 27||Rule 28||Rule 29||Rule 30|
|Rule 31||Rule 32||Rule 33||Rule 34||Rule 35||Rule 36||Rule 37||Rule 38||Rule 39||Rule 40|
|Rule 41||Rule 42||Rule 43||Rule 44||Rule 45||Rule 46||Rule 47||Rule 48||Rule 49||Rule 50|
RULE 24. SUSPENSION OF ENFORCEMENT OF JUDGMENT PENDING APPEAL IN CIVIL CASES
24.1 Suspension of Enforcement.
(a) Methods . Unless the law or these rules provide otherwise, a judgment debtor may supersede the judgment by:
(1) filing with the trial court clerk a written agreement with the judgment creditor for suspending enforcement of the judgment;
(2) filing with the trial court clerk a good and sufficient bond;
(3) making a deposit with the trial court clerk in lieu of a bond; or
(4) providing alternate security ordered by the court.
(b) Bonds .
(1) A bond must be:
(A) in the amount required by 24.2;
(B) payable to the judgment creditor;
(C) signed by the judgment debtor or the debtors agent;
(D) signed by a sufficient surety or sureties as obligors; and
(E) conditioned as required by (d).
(2) To be effective a bond must be approved by the trial court clerk. On motion of any party, the trial court will review the bond.
(c) Deposit in lieu of bond .
(1) Types of deposits. Instead of filing a surety bond, a party may deposit with the trial court clerk:
(B) a cashiers check payable to the clerk, drawn on any federally insured and federally or state-chartered bank or savings-and-loan association; or
(C) with leave of court, a negotiable obligation of the federal government or of any federally insured and federally or state-chartered bank or savings-and-loan association.
(2) Amount of deposit. The deposit must be in the amount required by 24.2.
(3) Clerks duties; interest. The clerk must promptly deposit any cash or a cashiers check in accordance with law. Interest that accrues on the deposit will constitute a part of the deposit. The clerk must hold the deposit until the conditions of liability in (d) are extinguished. The clerk must then release any remaining funds in the deposit to the judgment debtor.
(d) Conditions of liability . The surety or sureties on a bond, any deposit in lieu of a bond, or any alternate security ordered by the court is subject to liability for all damages and costs that may be awarded against the debtor up to the amount of the bond, deposit, or security if:
(1) the debtor does not perfect an appeal or the debtors appeal is dismissed, and the debtor does not perform the trial courts judgment;
(2) the debtor does not perform an adverse judgment final on appeal; or
(3) the judgment is for the recovery of an interest in real or personal property, and the debtor does not pay the creditor the value of the property interests rent or revenue during the pendency of the appeal.
(e) Orders of trial court . The trial court may make any order necessary to adequately protect the judgment creditor against loss or damage that the appeal might cause.
(f) Effect of supersedeas . Enforcement of a judgment must be suspended if the judgment is superseded. Enforcement begun before the judgment is superseded must cease when the judgment is superseded. If execution has been issued, the clerk will promptly issue a writ of supersedeas.
24.2 Amount of Bond, Deposit or Security.
(a) Type of judgment .
(1) For recovery of money. When the judgment is for money, the amount of the bond, deposit, or security must be at least the amount of the judgment, interest for the estimated duration of the appeal, and costs.
(2) For recovery of property. When the judgment is for the recovery of an interest in real or personal property, the trial court will determine the type of security that the judgment debtor must post. The amount of that security must be at least:
(A) the value of the property interest's rent or revenue, if the property interest is real; or
(B) the value of the property interest on the date when the court rendered judgment, if the property interest is personal.
(3) Other judgment. When the judgment is for something other than money or an interest in property, the trial court must set the amount and type of security that the judgment debtor must post. The security must adequately protect the judgment creditor against loss or damage that the appeal might cause. But the trial court may decline to permit the judgment to be superseded if the judgment creditor posts security ordered by the trial court in an amount and type that will secure the judgment debtor against any loss or damage caused by the relief granted the judgment creditor if an appellate court determines, on final disposition, that that relief was improper.
(4) Conservatorship or custody. When the judgment involves the conservatorship or custody of a minor or other person under legal disability, enforcement of the judgment will not be suspended, with or without security, unless ordered by the trial court. But upon a proper showing, the appellate court may suspend enforcement of the judgment with or without security.
(5) For a governmental entity. When a judgment in favor of a governmental entity in its governmental capacity is one in which the entity has no pecuniary interest, the trial court must determine whether to suspend enforcement, with or without security, taking into account the harm that is likely to result to the judgment debtor if enforcement is not suspended, and the harm that is likely to result to others if enforcement is suspended. The appellate court may review the trial courts determination and suspend enforcement of the judgment, with or without security, or refuse to suspend the judgment. If security is required, recovery is limited to the governmental entitys actual damages resulting from suspension of the judgment.
(b) Lesser amount . The trial court may order a lesser amount than required by (a) if, after notice to all parties and a hearing, the court finds:
(1) that posting a bond, deposit, or security in the amount required by (a) will irreparably harm the judgment debtor; and
(2) that posting a bond, deposit, or security in a lesser amount will not substantially impair the judgment creditor's ability to recover under the judgment after all appellate remedies are exhausted.
24.3 Continuing Trial Court Jurisdiction; Duties of Judgment Debtor.
(a) Continuing jurisdiction . Even after the trial court's plenary power expires, the trial court has continuing jurisdiction to do the following:
(1) order the amount and type of security and decide the sufficiency of sureties; and
(2) if circumstances change, modify the amount or type of security required to continue the suspension of a judgment's execution.
(b) Duties of judgment debtor . If, after jurisdiction attaches in an appellate court, the trial court orders or modifies the security or decides the sufficiency of sureties, the judgment debtor must notify the appellate court of the trial court's action.
24.4 Appellate Review.
(a) Motions; review . On a partys motion to the appellate court, that court may review:
(1) the sufficiency or excessiveness of the amount of security;
(2) the sureties on any bond;
(3) the type of security;
(4) the determination whether to permit suspension of enforcement; and
(5) the trial courts exercise of discretion under 24.3(a).
(b) Grounds of review . Review may be based both on conditions as they existed at the time the trial court signed an order, and on changes in those conditions afterward.
(c) Temporary orders . The appellate court may issue any temporary orders necessary to preserve the parties rights.
(d) Action by appellate court . The motion must be heard at the earliest practicable time. The appellate court may require that the amount of a bond, deposit, or other security be increased or decreased, and that another bond, deposit, or security be provided and approved by the trial court clerk. The appellate court may require other changes in the trial court order. The appellate court may remand to the trial court for entry of findings of fact or for the taking of evidence.
(e) Effect of ruling . If the appellate court orders additional or other security to supersede the judgment, enforcement will be suspended for 20 days after the appellate courts order. If the judgment debtor does not comply with the order within that period, the judgment may be enforced. When any additional bond, deposit, or security has been filed, the trial court clerk must notify the appellate court. The posting of additional security will not release the previously posted security or affect any alternative security arrangements that the judgment debtor previously made unless specifically ordered by the appellate court.
Notes and Comments
Comment to 1997 change: Former Rules 47, 48, and 49 are merged. The rule is substantially revised. Paragraph 24.1(a) now provides for superseding the judgment by agreement. Paragraph 24.1(c) is taken from former Rule 48 and provides for a deposit in lieu of the bond, including specific provisions for the release of the deposit. Paragraph 24.1(d) provides the conditions for the surety to honor the bond and for the deposit to be paid to the judgment creditor. In subdivision 24.2, the provisions for determining the amount of the bond or deposit are simplified. All provisions regarding superseding a judgment for an interest in property are merged into subparagraph 24.2(a)(2) The procedure for allowing security in a lesser amount is moved to paragraph 24.2(b) and is made applicable to all judgments. Subdivision 24.4 is taken from former Rule 49. The procedure for appellate review is more precisely stated.
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Last modified: March 25, 2010