An Idaho supersedeas bond may be waive on agreement of the parties. An outlier among state appellate peers, Idaho Appellate Rule 16. specifically states, "(a) No undertaking on appeal for costs shall be required.", and, "(b) Waiver of Supersedeas Bond. The party in whose favor an execution may issue may agree in writing that the party will not execute pending the appeal, in which case no supersedeas bond shall be necessary to stay execution and the district court shall issue a stay so that no writ of execution shall issue on the judgment, or be served if already issued, pending final disposition of appeal." Further, Title 13, Chapter 2 gives appellants supersedeas bond relief in those cases that contemplate punitive damages, limiting the bond penalty to one million dollars ($1,000,000).
The Idaho appeal bond requirement is definitively addressed under Rule 13. "(14) Stay execution or enforcement of any judgment, order or decree appealed from, other than a money judgment, upon the posting of such security and upon such conditions as the district court shall determine." Subsection 15. addressed the bond penalty, requiring a, "supersedeas bond issued by a fidelity, surety, guaranty, title or trust company authorized to do business in Idaho, in the amount of the judgment or order, plus 36% of such amount."
Underwriting and is best accomplished by a surety bond expert with knowledge of this class of judicial bond obligation and the specific pleading style required by the court and/or Rules of Appellate Procedure. An Idahosupersedeas bond must follow the specific statutory requirements pursuant to the Rules. Idaho surety bond leader, Surety One, Inc. specializes in judicial bonds for all district, superior, family, supreme and appellate courts. A Idaho supersedeas bond application submission is reviewed and responded to within one hour of receipt. We are the most agile court 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 Idaho 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.