A North Carolina supersedeas bond (also referred to as an appeal bond or undertaking) is contemplated under several sections of the North Carolina General Statutes (NCGS), code of civil and appellate procedure. Right to an appeal is generally universal however a stay of execution may NOT be. Rule 62 addresses the supersedeas bond to obtain a stay, "(d) When an appeal is taken, the appellant may obtain a stay of execution, subject to the exceptions contained in section (a), by proceeding in accordance with and subject to the conditions of G.S. 1-289, G.S. 1-290, G.S. 1-291, G.S. 1-292, G.S. 1-293, G.S. 1-294, and G.S. 1-295. When stay is had by giving supersedeas bond, the bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal as the case may be, and stay is then effective when the supersedeas bond is approved by the court."
The surety bond must be filed with the district court from which an appeal is taken or under extraordinary circumstances with the Supreme Court of North Dakota. The surety bond perfects an appellant's right to stay enforcement of a trial court judgment pursuant to N.D.R. App. P. 8. Filing of the appropriate appeal undertaking must be accompanies with a Rule 8 "motion for stay". A party must first move in the district court for the following relief:
In all but five states, defendants wishing to appeal adverse verdicts must post a supersedeas bond. These surety bonds protect plaintiffs by guaranteeing that an appellant will have sufficient assets to satisfy a judgment if the appeal fails. Some venues allow the trial court judge to set the amount of the bond but the majority require bonding equal to the judgment plus interest and costs. The North Carolina supersedeas bond must be issued in an amount sufficient to "satisfy judgment", however a close read of the prevailing statutes is required because North Carolina has made efforts to cap those bonds in cases which include large punitive damage numbers. There is also disparity in bond requirements based on the type of appeal.
The Administrative Office of Courts provides the North Carolina supersedeas bond form generally used in appeal proceedings that require one. A secondary form has been approved by the AOC for those cases that contemplate a stay of execution on appeal to recover personal property (AOC-CVM-906M), however most appeal bonds are uniquely manuscripted to align with the appropriate statutory language a limit the surety's exposure to the penal sum of the bond.
Underwriting review and preparation of a supersedeas bond should be accomplished by a surety bond expert with knowledge of this type of judicial obligation and the specific form required by North Carolina Rules. National surety bond leader, Surety One, Inc. specializes in court bonds for all local, state and federal courts. A North Carolina supersedeas bond application submission is reviewed and responded to within one hour of receipt of the same. We are the most agile judicial 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 North Carolina 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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