A Montana supersedeas bond is required of parties that seek to stay enforcement of a civil judgment pending appeal of a final verdict. Pursuant to Montana Code Annotated (Chap. 21, Part 1. Rules), "If the appellant desires a stay of execution, the appellant must, obtain the district court's approval of a supersedeas bond which shall have two sureties or a corporate surety as may be authorized by law. The appeal bond shall be conditioned for the satisfaction of the judgment or order in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment or order is affirmed, and to satisfy in full such modification of the judgment or order and such costs, interest, and damages as the supreme court may adjudge and award. When the judgment or order is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment or order remaining unsatisfied, costs on appeal, interest, and damages for delay, unless the district court after notice and hearing and for good cause shown fixes a different amount or orders security other than the Montana supersedeas bond. When the judgment or order determines the disposition of property in controversy as in real actions, replevin, and actions to foreclose mortgages, or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the district court, the amount of the supersedeas bond shall be fixed at such sum only as 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."
Although Rule 1. provides guidance as to the supersedeas bond penalty, subsection (c) of the statute grants the District Court authority to determine appeal bond amounts and to modify them in its sole discretion. If such unilateral order is made, "the Court must promptly enter a written order on a motion filed under the rule and include in findings of fact and conclusions of law, or in a supporting rationale the relevant facts and legal authority on which the district court's order is based."
A Montana supersedeas bond must contain the specific language found in the Civil Procedure Appendix of Forms. (See En. Sec. 80, Ch. 13, L. 1961 as added by Sec. 1, Ch. 3. L. 1963; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990 for more.)
Underwriting and manuscripting of a supersedeas bond is best accomplished by a surety bond expert with knowledge of the specific judicial bond obligation and the specific style required by the court and/or Rules of Appellate Procedure. Montana surety bond leader, Surety One, Inc. specializes in court bonds for all district, superior, family, supreme and appellate courts. A Montana supersedeas bond application submission is reviewed and responded to within one hour of receipt. We are the most agile court bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here if you would like to chat live with an underwriter about your Montana appeal bond need.
Is your appeal from a judgment from a U.S. District Court? Visit our federal supersedeas bond page here.
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