Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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12.15 Bonds in Appeals Cases Process Map
12.15.1 Civil Cases
 A supersedeas bond is security posted by the appealing party (who has lost a Quick Reference
lawsuit in a lower court) to compensate the opposing party for the legal
expenses in case it wins also in the higher (appellate) court. Supersedeas
bonds are only available in civil cases. For more information, see Appeals.
 AOC Form 155, Supersedeas Bond AOC Form 155
1. A civil appellant may give a supersedeas bond to stay enforcement of
judgment pending appeal. RAP 63(B). The trial court retains jurisdiction to
determine all matters related to the right to file a supersedeas bond, (the
amount, sufficiency, and surety) even after a notice of appeal or other
appellate steps have been taken. RAP 63(C)(2).
2. KRS 411.187 establishes a $100 million cap on any supersedeas bond for
punitive or exemplary damages on a civil judgment that is appealed. By
court order, the cap may be lifted and the bond requirement reinstated to
the full amount of the judgment. This provision applies to all civil actions
including pending appeals.
3. You or the trial court judge may approve the bond for good and sufficient Approve the bond
surety.
The bond must (unless the court orders otherwise):
• Show the surety's address; (the surety must be someone other
than the appellant) Webb v. Webb, Ky., 500 S.W.2d 59 (1973);
(there is no restriction against a corporation of which the appellant
is president signing appellant's bond as surety); RAP 63(B)(1);
• Undertake to pay the amount of the judgment stayed, plus
interest, costs and any modification by the appellate court; RAP
63(B)(1)-(2);
• If the judgment concerns particular property, or, if the property is
Collect bond filing
held by the sheriff, the amount of the bond need cover only
fee