A Michigan appeal bond must be posted if you wish to stop execution of an adverse civil verdict. While a defendant does enjoy a short post-verdict period to file an appeal of right, such appeal does not stay execution. Pursuant to Michigan Civil Procedure, Rule 7.108 (B) (a), execution is stayed if, “the appellant files a Michigan appeal bond in an amount not less than one and one quarter times the amount of the judgment or order being enforced, including any costs, interest, attorney fees, and sanctions assessed to date of filing the bond.” When the bond is filed, the judgment or order shall automatically be stayed pending entry of a final order under MCR 7.108(B)(4)(c) to stay enforcement of the judgment even though objections to the bond or surety may be filed as well.
Pursuant to part (3) of the same section, The Michigan supersedeas bond must: (a) recite the names and designations of the parties and the judge in the trial court; identify the parties for whom and against whom judgment was entered; and state the amount of the judgment, including any costs, interest, attorney fees, and sanctions assessed. The Michigan appeal bond must also (b) contain the promises and conditions that the appellant will: (i) diligently file and prosecute the appeal to decision taken from the judgment or order stayed, and will perform and satisfy the judgment or order stayed if it is not set aside or reversed; (ii) perform or satisfy the judgment or order stayed if the appeal is dismissed; (iii) pay and satisfy any judgment or order entered and any costs assessed against the principal on the bond in the circuit court, Court of Appeals, or Supreme Court; and (iv) do any other act which is expressly required in the statute authorizing appeal or ordered by the court. The Michigan appeal bond must be promptly served on all parties in the manner prescribed in MCR 2.107. At the same time, the party seeking the stay shall file a proposed stay order pursuant to MCR 2.602(B)(3). Proof of service must be filed promptly with the trial court in which the bond has been filed.
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