Generally, a litigating party has the right to appeal a civil judgment however that appeal does not operate as a stay of execution on that judgment until an order has been issued pursuant to appellate procedure. A New Jersey supersedaes bond (also known as a stay or appeal bond) is a requirement under Rule 2:9-6, with few exceptions. Pursuant to the statute, " the supersedeas bond must be presented for approval to the court or agency from which the appeal is taken, or to the court to which certification is sought. Unless the court otherwise orders after notice on good cause shown, the supersedeas bond must be conditioned for the satisfaction of the judgment in full, together with interest and trial costs, and to satisfy fully such modification of judgment, additional interest and costs and damages as the appellate court may order." Subsection (2) allows the appellant to argue for a lower bond amount. "In determining whether good cause exists to approve a supersedeas bond in an amount less than the full judgment together with interest and trial costs, the court shall consider all relevant factors, including but not limited to the amount and nature of the judgment, anticipated interest and costs, the availability and cost of a New Jersey supersedeas bond, the assets of the judgment debtor and of the judgment debtor's insurers, sureties and indemnitors, the judgment debtor's ability to dissipate assets, and the risk of harm to the parties on the appeal."
"When the judgment determines the disposition of property, when such property is in the custody of the sheriff, when the proceeds of such property or is in the custody or control of the court below, the amount of the New Jersey supersedeas bond will be set at a sum that will pay the damages recovered for the use and detention of the property, trial and appellate costs, and interest. In all other cases not specifically provided for herein the amount of the supersedeas bond shall be fixed by the court."
In order to obtain an appeal bond a surety company will require a complete judicial bond application, a copy of the pertinent court documents and that the appellant identify his or her legal counsel. These three basic requirements are sufficient for us to offer a quote (bond cost). National surety bond leader, SuretyOne.com is one of the largest judicial bond underwriters in the U.S. Our same day review, rapid bond delivery and multiple collateral options are unequaled! . Call (800) 373-2804, email Underwriting@SuretyOne.com or click here for a live chat for help with your New Jersey supersedeas bond need.
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