Michigan Supersedeas Bond (Appeal Bond ~ Michigan)

The general provisions of state court rules (7.108) allow for the filing of a Michigan appeal bond to stay or suspend execution on a civil judgment. An appellant for entry of appeal and stay must first move the trial court holding original jurisdiction for the stay, resorting to the court of appeals only if the appellant has made the primary motion.

The Michigan supersedeas bond penalty (bond amount) has traditionally been within the discretion of the court, requiring a surety bond, "sufficient to protect the interests of the appellee if the appeal ends in his or her favor". Revisions have been made to the statute limiting the appeal bond amount. Pursuant to Rule 7.108(B)(2)(a), the appellant must, "file a bond in an amount not less than 1-1/4 times (125%) of the amount of the judgment or order being enforced, including any costs, interest, attorney fees, and sanctions assessed to date of filing the bond. When the Michigan appeal bond is filed, the judgment or order is automatically stayed pending entry of a final order under MCR 7.108(B)(4)(c) EVEN IF objections to the bond or surety have been filed". Currently, the maximum surety bond amount cannot exceed twenty five million dollars. The bond form is statutory, provided by the Administrative Office of Courts and must obligatorily contain specific language, to wit:

• Diligently file and prosecute the appeal to decision taken from the judgment or order stayed, and will perform and satisfy the judgment or order stayed if it is not set aside or reversed.
• Perform or satisfy the judgment or order stayed if the appeal is dismissed.
• Pay and satisfy any judgment or order entered and any costs assessed against the principal on the bond in the circuit court, Court of Appeals, or Supreme Court.
• Perform any other act which is expressly required in the statute authorizing appeal or ordered by the court.

Per Section (4) of the Rule, "A copy of the Michigan appeal bond and attached power of attorney must be promptly served on all parties in the matter as prescribed in MCR 2.107. The party seeking the stay must simultaneously file a proposed Order to Staty pursuant to MCR 2.602(B)(3). Proof of service of process must be filed promptly with the trial court in which the supersedeas bond has been filed.

Underwriting of supersedeas bonds is best accomplished by a surety bond specialist with knowledge of this class of obligation. We specialize in judicial bonds in all local, state and federal courts. A Michigan appeal bond application submission is reviewed and responded to within one hour of receipt of the same. We are the MOST RESPONSIVE judicial 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 court bond need.

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

What We Need From You