A South Dakota supersedeas bond (also referred to as an appeal bond or undertaking on appeal) is contemplated under 15-26A-25. The right of appeal is inherent to judgments that issue from any circuit court however there is not automatic stay of enforcement of a judgement. An appellant must file a sufficient supersedeas bond with the appropriate venue in order to accomplish a stay.
Pursuant to Chapter 15, "An appeal from a judgment or order shall not stay enforcement of proceedings in the circuit court except as provided in § 15-6-62 unless the appellant executes a supersedeas bond in the amount and form approved by the circuit court or otherwise complies with the provisions of this rule. The bond penalty is set by the court exercising jurisdiction.
15-26A-26. Appellate procedure—Money judgment—Conditions of bond on appeal.
If the appeal is from a judgment directing the payment of money, the conditions of the bond required by § 15-26A-25 shall be the payment of the judgment or that part of the judgment which is affirmed together with interest thereon from the date of the judgment. The amount of the bond required collectively of all appellants may not exceed twenty-five million dollars regardless of the amount of judgment. If the appellee proves by a preponderance of the evidence that an appellant whose bond has been so limited has been dissipating assets outside the ordinary course of business to avoid payment of a judgment, the court may require the appellant to execute a bond in an amount up to the full amount of judgment.
South Dakota supersedeas bonds protect plaintiffs by guaranteeing that appellants will have sufficient assets to satisfy those judgments appealed if the appellants do not prevail. Some venues allow the trial court judge to set the amount of the appeal bond but the majority require bonding equal to the judgment plus interest and costs. Per §15-26A, the supersedeas bond may not exceed $75,000,000.
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 South Dakota Rules. National surety bond leader, Surety One, Inc. specializes in court bonds for all local, state and federal courts. An South Dakota 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 South 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.