Wisconsin Appeal Bond (Supersedeas Bond Wisconsin)

Bond Penalty: Judicial Discretion

A Wisconsin appeal bond is an instrument available to appellants that wish to delay execution (collection) on a civil judgment during the pendency of an appeal. This judicial mechanism is contemplated under state statute, Chapter 808 Appeals and Writs of Error. Section .07 addresses the availability of a stay of execution or enforcement, to wit:

(2) AUTHORITY OF A COURT TO GRANT RELIEF PENDING APPEAL.
(a) During the pendency of an appeal, a trial court or an appellate court may:
1. Stay execution or enforcement of a judgment or order;
2. Suspend, modify, restore or grant an injunction; or
3. Make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
(am) During the pendency of an appeal, the trial court may hear and determine a motion filed under s. 806.07.
(b) Except as provided in s. 655.27 (5) (a) 3., relief under this subsection may be conditioned upon the filing of an undertaking in the trial court.
(2m) LIMIT ON UNDERTAKING.
(a) During the pendency of an appeal of a judgment in any civil action, the court shall set the amount of the undertaking to be furnished by all appellants collectively in order to stay the execution of the judgment during appellate review, but the undertaking shall not exceed $100,000,000.
(b) Notwithstanding par. (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter any order necessary to protect the appellee and may require the appellant to post a bond in an amount not to exceed the amount of the judgment.
(3) UNDERTAKING FOR COSTS. An undertaking for costs is not required unless specifically required by statute, or, except as provided in s. 655.27 (5) (a) 3., by the trial court acting in its discretion.

A surety must file with the Wisconsin appeal bond an affidavit that the surety has a net worth which exceeds the amount of the undertaking, except as provided in s. 632.17 (2). The respondent may by motion object to the sufficiency of a surety within 14 days after service of a copy of the undertaking. Generally corporate surety companies that have been granted a certificate of authority in the state are exempt from the net worth affidavit.

Obtaining a Wisconsin appeal bond is a simple process. We need a complete surety bond application, and a copy of entry of judgment from which the appeal is sought. These are sufficient for us to offer a premium quote (bond cost). The underwriting of appeal bonds is best done by a surety specialist with knowledge of judicial proceedings. Surety bond leader, SuretyOne.com specializes in judicial bonds. A Wisconsin appeal bond request is reviewed and responded to within one hour of receipt. We are the most proactive court surety bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a live chant about your appeal bond application or for any judicial 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 court documents.