Minnesota Supersedeas Bond (Appeal Bond ~ Minnesota)

Bond Penalty: Judicial discretion

Pursuant to Rule 108.01 of the MInnesota Rules of Appellate Procedure, an appeal from a judgment or order does not stay enforcement of the judgment or order in the trial court unless that court orders relief in accordance with Rule 108.02. This compliance provision requires the filing of a Minnesota supersedeas bond as a "form of security" to secure the appeal. Per Subd. 2., "Except as to cases in which a governmental body is the appellant or as otherwise provided by rule or statute, a trial court may grant the relief described in subdivision 1 of this rule if the appellant provides security in a form and amount that the trial court approves."

The Minnesota supersedeas bond must be filed with the trial court administrator for review and approval of the court. Further, the appellant bears the burden of demonstrating the adequacy of any security to be given. Unless the trial court orders otherwise, a stay of an order or judgment does not take effect until any security ordered is filed and notice of filing is provided to all parties. The bond amount is addressed within the statute.

  1. In all cases, the amount of the supersedeas bond must be fixed at such amount as the trial court determines will preserve the value of the judgment or order to the respondent during the pendency of appeal.
  2. When the judgment or order is for the payment of money not otherwise secured, the amount of the appeal bond security normally must be fixed at such sum as will cover the unpaid amount of the judgment or order, costs on appeal (to the extent security for costs has not already been given under Rule 107), interest during the pendency of the appeal, and any other damages that may be caused by depriving the respondent of the right to enforce the judgment or order during the pendency of the appeal.
  3. When the judgment or order determines the possession, ownership, or use of real or personal property (such as in actions for replevin, foreclosure, or conveyance of real property), the amount of the Minnesota supersedeas bond normally must be fixed at such sum as will compensate the respondent for the loss of use of the property during the pendency of the appeal, costs on appeal (to the extent security for costs has not already been given under Rule 107), interest during the pendency of the appeal, and any other damages (including waste) that may be caused by depriving the respondent of the right to enforcement of the judgment or order during the pendency of the appeal.
  4. If a party seeks to stay enforcement of only part of the judgment or order on appeal, the Minnestoa appeal bond must be fixed at such sum as the trial court determines is sufficient to secure that portion of the judgment or order on appeal.

Applying for a Minnesota supersedeas bond is a simple process. We need only a complete surety bond application and a copy of entry of judgment from which the appeal is being taken. These two items are sufficient for us to offer a quote (bond cost). The underwriting of supersedeas bonds is best accomplished by a surety specialist with knowledge of judicial proceedings. Surety bond leader SuretyOne.com specializes in court bonds. A Nevada appeal bond request is reviewed and responded to within one hour of receipt of the same. We are the most agile court surety bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a live chat for a supersedeas bond application or for any judicial bond need.

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 judgment and complaint