Generally, a litigating party has the right to appeal a judgment however an appeal does not operate as a stay of execution until a stay has been issued pursuant to appellate procedure. An Ohio supersedaes bond is a requirement under ORC 2505.09. Pursuant to the statute, "a supersedeas bond must be filed by the appellant and run to the appellee, with sufficient sureties and in a sum that is not less than the cumulative total for all claims covered by the final order, judgment, or decree and interest involved." There is a statutory cap to the amount of bond which must be proffered, of fifty million dollars ($50mn).
The Ohio appeal bond language must state that the appellant will abide by and perform any order, judgment, or decree of the appellate court and pay all money, costs, and damages which may be awarded against him or her subject to any other conditions that the court may order. When the a final judgment of the appeal is for the payment of money, the bond guarantes that if said final judgment is not paid upon affirmation that it may be entered against the sureties on the bond.
Filing of the surety undertaking is not an automatic guarantee that a stay of execution on the original judgment will be granted. The appellant must file a motion in the trial court requesting said stay and offer an "adequate" supersedeas bond. The trial court then approves or disapproves the stay. Denial of an appellant's Ohio supersedeas bond and motion for stay allows the appellant to request review by the Court of Appeals.
In order to obtain a court 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). Ohio 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 Ohio supersedeas bond need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.