To stay execution of a judgment pending appeal a Hawaii supersedeas bond is vital. Pursuant to Hawaii Rules of Civil Procedure, when an appeal is made the appellant may obtain a stay of execution by giving a supersedeas bond. The bond may usually be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal. The stay is effective when the Hawaii supersedeas bond is approved by the court. It is important for a potential appellant to plan carefully for this event as the price tag for obtaining this type of surety bond can be high and the collateral requirements substantial. Although there is a provision for arguing that a court-determined bond amount is excessive, in practice the Hawaii courts have been rarely been swayed by the argument (ex., U.S. Bank, N.A. v. A. Salvacion, #30594). The Hawaii supersedeas bond is contemplated under Rule 8(b) of the Hawaii Rules of Appellate Procedure, “‘relief available in the appellate courts may be conditioned upon the filing of a surety bond with the court or agency appealed from. The bond, stipulation, or undertaking shall comply with applicable statutes, and each surety submits to the jurisdiction of the court or agency appealed from, irrevocably appointing the clerk of the court as the surety’s agent upon whom any documents affecting liability on the Hawaii supersedeas bond may be served. Liability may be enforced on motion in the court or agency appealed from without the commencement of an independent action. The motion and notice of the motion as the court or agency directs may be served on the clerk of the court appealed from. In order for a corporate surety to be acceptable to issue a Hawaii supersedeas bond, generally the insurer’s certificate of authority issued by the state department of insurance is sufficient evidence of solvency and qualification. The surety bond is not cancelable by any party. Only the court can release the surety from its obligation.
Hawaii surety bond leader, Surety One, Inc. is the most responsive and agile underwriter of supersedeas bonds (appeal bonds) in the nation. Our in-house authority is UNMATCHED, ANYWHERE. Visit us at SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for further information about a Hawaii supersedeas bond or any judicial bonding need.
