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Your Superior Court Case During the Appeal

What happens to your Superior Court case during the Supreme Court appeal?

You are responsible for following what the Superior Court final judgment or order says even though you file an appeal. The other side can enforce the Superior Court's final judgment or order if you do not follow it.

Can you stop the opposing party from enforcing the Superior Court judgment during the appeal?

You can ask the Superior Court for a stay of proceedings pending appeal. You also may ask for approval of a supersedeas bond amount to cover the cost of the judgment against you. If granted, then the parties cannot take action on the Superior Court final judgment or order while the appeal is going on.

How do you file a stay pending appeal?

If you want to stop the other side from enforcing the Superior Court's final judgment or order, you can file in the Superior Court

If the Superior Court does not grant your motion, you can file in the Supreme Court a Motion for Stay Pending Appeal. Read Appellate Rule 205 and the motion page for more information about how to file motions in the Supreme Court.

Should you also file a supersedeas bond in the Superior Court?

It depends on how much money the Superior Court judgment involves. Most individual appellants do NOT need supersedeas bonds because there is not a lot of money involved in their case. However, it is up to you to decide whether you need a supersedeas bond to protect your assets during the appeal.

How much should the supersedeas bond be for?

The supersedeas bond should cover the money or property judgment against you. The Superior Court must approve the amount of the bond.

Where do you get a supersedeas bond?

For supersedeas bonds in the Superior Court, you can look in the Yellow Pages under “insurance companies” or “bonding companies” that may provide bonds. Usually you have to pay a percentage of the total bond amount.

Does the Superior Court supersedeas bond affect the Supreme Court cost bond?

Yes. If the Superior Court approves your supersedeas bond, then you do not need to pay the $750 cost bond in the Supreme Court.


Rev. 19 December 2006
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