Oregon Supersedeas Bond (Appeal Bond ~ Oregon)

Bond Penalty: Judgment amount unless modified by court

A party that suffers an adverse judgment in a trial court division may stay said judgment upon filing of an Oregon supersedeas bond. Generally, an order in an action that affects a substantial right or an order that is made in an action after a general judgment is entered and that affects a substantial right whether limited, general or supplemental is appealable unless the amount in controversy is $250 or less. An appeal bond, referenced in the statute as a "supersedeas undertaking", effectively "secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal".

An Oregon supersedeas bond undertaking must contain provisions specific to the type of judgment from which and appeal is taken. The bond penalty (bond amount) is likewise fixed by compliance with the appellate rule provisions. When applying for the bond the appellant must follow 2017 ORS 19.335.

  • If the judgment is for a money judgment, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will pay the judgment to the extent that the judgment is affirmed on appeal. Under this section the bond penalty is therefore equal to the judgment.
  • If the judgment requires the transfer or delivery of possession of real property, the Oregon supersedeas bond stays the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the real value of the use of said property for the period of possession if the judgment is affirmed. Further, the bond must guarantee that the appellant will obey the judgment of the appellate court, and that if the appellant does not obey the judgment, the appellant will pay an amount determined by the trial court.
  • If the judgment requires foreclosure of a mortgage, lien or other encumbrance, and payment of the debt secured by one of the same, the Oregon supersedeas undertaking acts to stay that portion of the judgment that requires payment of the debt if the bond provides that the appellant will pay any portion of the judgment remaining unsatisfied after the sale of the property subject to the encumbrance.

Application for a Oregon supersedeas bond is not difficult. A complete appeal bond application and a copy of entry of the judgment are needed. Underwriting is best accomplished by a judicial bond specialist with knowledge of appellate procedure. Oregon surety bond leader SuretyOne.com specializes in court bonds. An Oregon supersedeas bond undertaking need is reviewed and quoted within one hour. We are the most agile bond underwriter in the nation. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a live chat for a supersedeas bond application or for any surety bond need.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of judgment and complaint