Upon sustaining an adverse verdict, a potential appellant may file a Missouri supersedeas bond along with the appropriate appeal pleading in order to stay execution of the civil judgment. Per Rule 81 (Civil Procedure), (2) an appellant my present to the court for its approval a supersedeas bond which issued by a surety company which the court approves. The court may set the amount of the supersedeas bond and allow appellant reasonable time which shall not exceed thirty (30) days from the date of the order, to post the appeal bond subject to the approval of the clerk of court. A property filed surety bond will have the effect of staying execution of the underlying judgment. If an execution has occurred prior to the filing then the same is released. The appellant must subsequently file a copy of the proper appeal bond with the clerk of the appellate court within ten days after filing the supersedeas bond with the court clerk of original jurisdiction.
Subsection (b) further addresses the Missouri supersedeas bond form and amount. "The appeal bond must guarantee the satisfaction of the original judgment in full plus costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may order. When the judgment is a money judgment then the amount of the bond must be sufficient to cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay. When a judgment orders a specific disposition of property as in real property actions, replevin, and actions to foreclose mortgages, or when the property is in the custody of the sheriff or custody and/or control of the court, the Missouri supersedeas bond must guarantee only a penalty which 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.
Underwriting of appeal bonds is accomplished by a judicial bond specialist with knowledge of this class of obligation and the specific forms required by civil procedure. Surety One, Inc. specializes in court bonds in all local, state and federal courts. A Missouri supersedeas bond application submission is reviewed and responded to within one hour of receipt. We are the MOST AGILE court bond underwriter in the state. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here if you would like to have a conversation about your supersedeas bond need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.