Delaware Supersedeas Bond (Appeal Bond ~ Delaware)

Bond Penalty: Judicial Discretion

A Delaware supersedeas bond, also referred to as a Delaware appeal bond or "undertaking", is a well-established practice under statute and appellate practice. The Delaware Appellate Handbook is particularly instructive. Given the large number of business entities domiciled in Delaware, appeals are frequent therefore appellant counsel and supersedeas bond specialists must be conversant with the procedures and protocols. Pursuant to Chapter 4, "(Del. Const. art. IV, §24) provides that a person who files an appeal to the Supreme Court, in order to secure a stay of proceedings in the lower court must give "sufficient security to be approved by the court below or by a judge of the Supreme Court." The manual provides important information within 4:18 which may modify contemplation of appeal bond security, i.e., appeals from Superior Court and the Courts of Chancery, Family Court, etc.

The supersedeas bond must be "sufficient security". Sufficiency of surety is generally assumed to exist when the bonding company possesses a certificate of authority issued by the Delaware Department of Insurance. Sufficiency of bond penalty (bond amount) is addressed by significant case law which provides a guide to fixing the proper amount, to wit;

  • A Delaware supersedeas bond for a money judgment must be in an amount at least equal to the judgment. (Blackwell v. Sidwell, Del. Supr., 126 A.2d 237 (1956)
  • The bond must more than meet the minimum amount of complainant's reasonably possible recovery [therefore] "It must be of a substantial amount." (McDaniel v. Franklin Railway Supply Co.)
  • The amount of the appeal bond is a res out of which damages may be obtained, but is not a liquidated amount of damages. (Ellis D. Taylor, Inc. v. Craft Builders, Inc.)

The surety is exonerated of its liability on the Delaware supersedeas bond If the stayed judgment is satisfied together with costs, interest and damages for delay, if the judgment is affirmed or modified and so satisfied, or if it is reversed or the appeal dismissed. The bond is this "void" in accordance with the statutory bond form.

With few exceptions parties that suffer adverse verdicts must post a supersedeas bond. These surety bonds protect appellees by guaranteeing that appellants will be able to satisfy the underlying judgment. Delaware in no exception, and the bond penalties can be high. Corporate malfeasance and medical malpractice are the primary causes of action, both classes often resulting in significant verdicts.

Underwriting review and preparation of an appeal bond should be accomplished by a surety bond expert with knowledge of this type of judicial obligation and the specific form required by the Delaware Rules of Appellate Procedure. Delaware surety bond leader, Surety One, Inc. specializes in court bonds for all chancery, superior, family, supreme and federal courts. A Delaware supersedeas bond application submission is reviewed and responded to within one hour of receipt of the same. We are the most agile judicial bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here if you would like to chat live with an underwriter about your Delaware appeal bond need.

Is your appeal from a judgment from a U.S. District Court? Visit our federal supersedeas bond page.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of Judgement
  • Copy of Complaint

Obligee's Bond Form