A South Carolina supersedeas bond can stay proceedings to enforce a judgment pursuant to the court's discretion. Per Appellate Rule 62, "(b), When an appeal is taken, a party by giving a supersedeas bond, may obtain a stay subject to the exceptions contained in subdivision (a) of this Rule 62 and the South Carolina Appellate Court Rules. The appeal bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the supersedeas bond. The stay is effective when the supersedeas bond is approved by the court."
The statutory section defining the supersedeas bond requirement is found in 18-7-10, "When a judgment is rendered by a magistrates court, a county government entity or by any other inferior court or jurisdiction except probate court, the appeal shall be to the circuit court of the county wherein the judgment was rendered. Supersedeas is "perfected" if the party against whom judgment is rendered files a good and sufficient South Carolina supersedesas bond to pay the amount of the judgment and costs in the event that the appeal is not sustained. Where an appeal bond is filed no executions may issue until the termination of the appeal."
Underwriting eview 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 local and appellate rules. South Carolina surety bond leader, Surety One, Inc. specializes in court bonds for all local, state and federal courts. A South Carolina 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 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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