Generally, a trial court decision may be enforced pending appeal or review unless a Washington supersedeas bond is posted and the execution stayed pursuant to the provisions of the Rules of Civil Procedure (RAP 8.1). Any party to a review proceeding has the right to stay enforcement of a money judgment or a decision affecting real, personal or intellectual property, pending review however the stay of a decision in other civil cases is a matter of discretion. The amount of the Washington supersedeas bond required depends on the underlying decision, as follows:
(1) Money Judgment. The supersedeas amount shall be the amount of the judgment, plus interest likely to accrue during the pendency of the appeal and attorney fees, costs, and expenses likely to be awarded on appeal.
(2) Decision Affecting Property. The Washington supersedeas bond amount must be at least equal to the amount of any money judgment, plus interest likely to accrue during the pendency of appeal and attorney fees, costs and expenses likely to be awarded on appeal entered by the trial court plus the amount of the loss which the prevailing party in the trial court would incur as a result of the party’s inability to enforce the judgment during review. Ordinarily, the amount of loss will be equal to the reasonable value of the use of the property during the review.
(3) If a party seeks to stay enforcement of only PART of a judgment then the Washington supersedeas bond amount will be set at an amount that the trial court determines is appropriate to secure that portion of the judgment, plus interest likely to accrue during the pendency of the appeal and attorney fees, costs, and expenses likely to be awarded on appeal.
Upon the filing of a supersedeas bond, pursuant to subsection (b)(4) of RAP 8.1, enforcement of a trial court decision against the party furnishing the bond, cash or alternate is stayed. A party may object to the sufficiency of the surety on a bond, to the form of a bond, or to the amount of a bond by a motion in the trial court made within seven days after the party making the motion is served with a copy of the Washington supersedeas bond. After a supersedeas bond has been filed, the trial court may, upon application of any party or on its own motion, and for good cause shown, discharge the bond, change the supersedeas amount or require a new bond or alternate security.
Washington surety bond leader, Surety One, Inc. is the most responsive and agile underwriter of supersedeas bonds (appeal bonds) in the United States and its territories. Our in-house authority is UNPARALLELED. NO surety agency has the authorities that we do. Visit us at SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for further information about a Washington supersedeas bond or any judicial bonding need.
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