The purpose of this blog is to break down what is needed to obtain a stay of execution on a judgment pending appeal in the state of Ohio.
In Ohio, they follow a specific format for what’s required for the stay, which is referenced in the Ohio Laws and Administrative Rules section 2505.09, Stay of Execution — Supersedeas, which appears in the Ohio Revised Statute Title 25, court/appellate/chapter 2505 Procedure on Appeal. Except as provided in other sections of the Revised Code or applicable rules of governing courts, the appeal itself does not operate as a stay of execution until a stay of execution has been obtained pursuant to the Rules of Appellate Procedure or in another applicable manner, and a supersedeas bond is executed by the Appellant and is bound to the Appellee. The bond must be issued by an acceptable surety company. The bond’s sum is an amount not less than the cumulative total of all claims covered by the final order, judgment or decree, interest involved, and ongoing interest.
The bond shall not exceed fifty million dollars excluding interest and costs, as directed by the court that rendered the final order, judgment, or decree that is sought to be superseded or by the court to which the appeal is taken.
The bond shall be conditioned as provided in Section 2505.14, Conditions of Supersedeas Bond, Ohio Revised Statute, Title 25 Court Statute, chapter 2505 Procedure on Appeal. The supersedeas bond must be payable to the judgment creditor, or otherwise as directed by the court. “The appellant shall abide and perform the order, judgment, or decree of the appellate court and pay all money, costs, and damages which may be required of or awarded against him upon the final determination of the appeal and subject to any other conditions that the court provides.”
Essentially, the bond must consider all the sums currently due, and the damages, cost, and interest that could be awarded on appeal.
The bond amount needs to be set. I would strongly suggest that you have a conversation with my office about how to set the bond amount. You have two options. You can either stipulate with opposing counsel or motion the court to have a bond amount set. One of those two conditions needs to be met. If the opposing counsel agrees, you could propose a bond in the amount of 120%, 125%, or something simple so that you can move forward. One of the benefits of stipulating with the other side is that they’re not going to oppose your stay of the execution of the judgment on the appeal. They know you’re appealing. They know they’re going to have a bond.
You can motion the court to grant the stay upon the filing of a bond. The court then determines the bond amount, which the other side can oppose. That’s something also to keep in mind, but at the end of the day, once you have a bond amount set, whether it’s stipulated to or by court order, you then file the bond and motion the court to confirm the stay pending appeal.
Again, the bond is staying the execution of the judgment pending appeal so both the appeal and the bond need to be filed before you can motion the court for the stay of the execution of the judgment, which is pursuant to both the bond, appeal, and the order confirming such. I always suggest confirming what the terms will be to obtain the bond before making the motion or discussing the amount with opposing counsel.
Contact us for a free consultation today.
Neil Pedersen
PEDERSEN & SONS SURETY BOND AGENCY, INC.
15 Maiden Lane Suite #800
New York, NY, 10038
212-227-7277
800-720-7277
neil@courtbondnow.com
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