A Kentucky supersedeas bond is not necessarily required for judicial review of a judgment however when an appellant desires a stay on appeal, as provided in Rule 62.03, he may present to the clerk or the court for approval an executed Kentucky supersedeas bond with good and sufficient surety. The bond must be written in an amount and conditioned for the satisfaction of the judgment in full together with costs, interest and damages for delay, if the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, including costs on the appeal and interest as the appellate court may order (CR 73.04). There are however limits on the amount of the obligation. In any civil action brought under any legal theory, the amount of the Kentucky supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellants may not exceed one hundred million dollars ($100,000,000) collectively. If it is brought to the court’s attention that the appellant is purposefully dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment, the limitation must be rescinded and a court may require the appellant to post a Kentucky supersedeas bond in an amount up to the full amount of the judgment pursuant to the Kentucky Rules of Civil Procedure. The bond is not a cancelable obligation. By entering into the bond surety submits to the jurisdiction of the court with which the Kentucky supersedeas bond is filed and liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least 20 days prior to the date of the hearing. Kentucky surety leader, Surety One, Inc. is the most prompt and agile underwriter of supersedeas bonds (appeal bonds) in the nation. Our in-house authority is UNMATCHED! Visit SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for further information about a Kentucky supersedeas bond application or any other surety need.
