A Washington supersedeas bond (titled "Washington Supersedeas and Cost On Appeal Bond") perfects an appellant's right to stay enforcement of a trial court judgment pursuant to RAP 8.1. "Any party to a review proceeding has the right to stay enforcement of a money judgment or a decision affecting real, personal or intellectual property, pending review."
Subsection (c) sets forth the appeal bond amount by type of appeal. For a money judgment, the amount must be equal to the judgment plus interest likely to accrue during the pendency of the appeal, attorney's fees, costs and expenses likely to be awarded. For those appeals affecting real property, the Washington supersedeas bond amount should equal the loss which the prevailing party in the trial court would incur as a result of that party's inability to enforce the judgment during appeal. Said "loss" is based on the reasonable value of the use of the property during that period. The surety bond is filed with the clerk of superior court from which venue the appeal is taken.
A party may object to the sufficiency of surety on a bond by motion in the trial court. That motion must be made within seven (7) days after the party making the motion is served with a copy of the supersedeas bond and any supporting documents if required. The trial court may find that the bond is improper in form, or that the amount of the bond is inadequate. In those cases a stay of execution of the trial court's decision may be preserved by furnishing an amended or supplemental bond within withing seven (7) days after the entry of the order declaring the Washington supersedeas insufficient.
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 appellate rules. Washington surety bond leader, Surety One, Inc. specializes in court bonds for all local, state and federal courts. An Washington 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 Washington 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.