In civil cases an appellant may move the court for a stay of a judgment of a lower court pending appeal and for approval of a Massachusetts supersedeas bond under subsection (a)(2) of Rule 6 of the Rules of Appellate Procedure. The effect is the issuance of an order suspending, modifying, restoring or granting an injunction during the pendency of the appeal.
A stay by Massachusetts supersedeas bond requires filing of the instrument in the lower court. The surety company automatically submits itself to the jurisdiction of the lower court and irrevocably appoints the clerk of that court as an authorized agent upon whom service of process may be made regarding the bond. A bond forfeiture (claim) may be entered against the surety on motion in the lower court without an independent, separate action. On filing of sucha motion to forfeit that clerk must immediately mail copies to the surety.
The appeal bond amount depends on the venue of original jurisdiction. There is a "cost" requirement of $100 in certain instances. Otherwise Chapter 239, Section 5 applies, to wit; the Massachusetts supersedeas bond must be issued in a sum as the court orders, naming the plaintiff (or appellee) as beneficiary, with a sufficient surety as approved by the court. In an appeal from a judgment of a district court the bond must guarantee that the appellant will enter the appeal in the appropriate division at the return day next after the appeal is taken. In an appeal from a judgment of the superior court or a housing court the Massachusetts appeal bond must guarantee that the appellant will enter the action in the appeals court. For housing issues, "Appeals from judgments of the superior court or a housing court shall otherwise be governed by the Massachusetts Rules of Appellate Procedure." The appeal bond must expressly guarantee payment to the plaintiff (appellee) if final judgment is in his or her favor, all accrued rent if any as of the filing date of the bond, and all damage and loss which the appellee may sustain by the withholding of possession of the land or tenements demanded and by any injury done thereto during the adverse possession plus all costs until delivery of possession is made to the plaintiff (appellee)."
Review and preparation of terms of supersedeas bonds is best accomplished by a surety specialist with knowledge of this type of obligation and the specific forms required by appeal statutes. Surety One, Inc. specializes in judicial bonds in all local, state and federal courts. A Massachusetts 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 appeal bond need.
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