A North Dakota supersedeas bond (also referred to as an appeal bond or undertaking) 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 accompanied by a Rule 8 "motion for stay". A party must first move in the district court for the following relief:
Further detail is provided by RULE 62., which instructs an appellant on "stay of proceedings to enforce a judgment". Immediate cessation of enforcement may be acquired under (d), "If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(1) or (2). The bond may be given on or after filing the notice of appeal and takes effect when the court approves the supersedeas bond." While silent on exactly what constitutes an "acceptable undertaking", it is general practice to approve bonds issued by approved corporate sureties and in an amount sufficient to satisfy the judgment from which the appeal is taken. Local rules may apply and the judge reviewing the sufficiency of surety may require additional amounts to include judgment interest, costs and attorney fees.
Underwriting review and preparation of an appeal bond should be accomplished by a surety bond expert with knowledge of this type of judicial obligation and the specific form required by North Dakota appellate rules. National surety bond leader, Surety One, Inc. specializes in court bonds for all local, state and federal courts. A North Dakota supersedeas bond application submission is reviewed and responded to within one hour of receipt of the same. We are the MOST RESPONSIVE judicial bond underwriter in the nation. 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 Dakota appeal bond need.
Is your appeal from a judgment from a U.S. District Court? Visit our federal supersedeas bond page here.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.