A litigant in a civil case that has sustained an adverse verdict may stay execution of a judgment by filing a Kentucky supersedeas bond and a timely appeal. Pursuant to the Kentucky Rules of Civil Procedure (CR) Rule 73.04, an appellant may seek a stay on appeal IF he or she files an appropriate undertaking with the clerk of court.
The Kentucky appeal bond format is fixed as is the bond penalty, and issued on the bond form approved by the Administrative Office of Courts. The surety bond must guarantee satisfaction of the judgment with costs, interest and damages for delay if the appeal is dismissed or if the judgment is affirmed. It also guarantees satisfaction of any modification of the judgment and such costs, including costs on the appeal and interest as the appellate court may order. The supersedeas bond amount in cases involving the disposition of property, such as those cases involving real property or replevin, or when the property is in the custody of a sheriff or court, the amount of the surety bond will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. The trial court shall retain original jurisdiction to determine all matters relating to the right to file a supersedeas bond, the amount and sufficiency of the same and its surety.
Underwriting of supersedeas bonds is best accomplished by a surety specialist with knowledge of this type of obligation and the specific forms required by code(s). Surety One, Inc. specializes in judicial bonds in all local, state and federal courts. A Kentucky supersedeas bond application submission is reviewed and responded to within one hour of receipt of the same. We are the MOST RESPONSIVE court bond underwriter in the nation. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here if you would like to have a conversation about your judicial bond need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.