A New Jersey supersedeas bond is not necessarily required for judicial review of a verdict or judgment however it IS required in order to stay execution of a judgment. Pursuant to New Jersey appellate rules (Rule 2:9), a judgment or order in a civil action adjudicating liability for a sum of money or the rights or liabilities of parties in respect of property which is the subject of an appeal or certification proceedings shall be stayed only upon the posting of a New Jersey supersedeas bond. Section (6) of Rule 2:9 stipulates the method of filing and acceptance of the bond as well as it penal sum. Part (a)(1) states that the supersedeas bond shall be presented for approval to the court or agency from which the appeal is taken, or to the court to which certification is sought, and shall have such surety or sureties as the court requires. Unless the court otherwise orders after notice on good cause shown, the New Jersey supersedeas bond shall be conditioned for the satisfaction of the judgment in full, together with interest and trial costs, and to satisfy fully such modification of judgment, additional interest and costs and damages as the appellate court may adjudge. Part (a)(2) of the same rule addresses the court’s consideration of REDUCTIONS in the penal sum of the bond, i.e., in determining whether good cause exists to approve a New Jersey appeal bond in an amount less than the full judgment together with interest and trial costs, the court shall consider all relevant factors, including, but not limited to, the amount and nature of the judgment, anticipated interest and costs, the availability and cost of a New Jersey supersedeas bond, the assets of the judgment debtor and of the judgment debtor’s insurers, sureties and indemnitors, if any, the judgment debtor’s ability to dissipate assets, and the risk of harm to the parties on the appeal. In the event the court approves a New Jersey appeal bond in an amount less than the amount of the judgment plus anticipated interest and costs, the court shall impose additional conditions on the judgment debtor to prevent the dissipation, the diminution in the aggregate value, or the diversion of the judgment debtor’s assets during the appeal. Part (a)(3) stipulates bonding where property rights are the underlying controversy and may have been seized by a sheriff, the amount of the New Jersey supersedeas bond must then be fixed at such sum only as will secure the damages recovered for the use and detention of the property, trial and appellate costs, and interest. Lastly, Part (a)(4) addresses all other cases not specifically provided for previously in the Rule, stating that the amount of the supersedeas bond shall be fixed by the court.
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