In civil actions, an appeal of a judgment does not automatically stay execution. A Nebraska supersedeas bond must be filed within a specific statutory window for an appellant to avail himself of the stay mechanism. Pursuant to NRS 25-1916, "an appeal in a civil case shall not operate as a supersedeas unless the appellant files a supesedeas bond for the benefit of the adverse party within thirty days after the entry of such judgment, decree, or final order execute."
Subsection (1) addresses appeals of money judgments. The Nebraska appeal bond must be issued in an amount no less than; (a) the amount of the judgment and the taxable court costs in the district court, plus the estimated amount of interest that will accrue on the judgment during the pendency of the appeal in the Court of Appeals or Supreme Court and the estimated amount of the costs of appeal and interest of estimated court costs determined by the trial court, (b) fifty percent of the appellant's net worth, or (c) fifty million dollars ($50,000,000).
Subsection (3) addresses appeals of cases of controversy in real property actions. The Nebraska supersedeas bond must be no less than fifty percent (50%) of the appellant's net worth or fifty million dollars ($50,000,000, as the court may direct, conditioned that the appellant will prosecute his or her appeal without delay, will not commit or suffer to be committed any waste upon the real estate, and will pay all costs and all rents or damages one such real estate which may accrue during the pendency of the appeal.
Subsections (2) and (4) address the appropriate bond amounts where the property in controversy is an instrument other than money or property and the latter where an appellant seeks to dissolve an injunction.
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 Nebraska 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.