Supersedeas

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Supersedeas

The name given to a writ, a court order, from a higher court commanding a lower court to suspend a particular proceeding.

A supersedeas is a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed. It is a process designed to stop enforcement of a trial court judgment brought up for review. The term is often used interchangeably with a stay of proceeding.

supersedeas

(sooh-purr-said-ee-uhs) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.

(See: appeal, court of appeals)

SUPERSEDEAS, practice, actions. The name of a writ containing a command to stay the proceedings at law.
     2. It is granted on good cause shown that the party ought not to proceed. F. N. B. 236. There are some writs which though they do not bear this name have the effect to supersede the proceedings, namely, a writ of error, when bail is entered, operates as a supersedeas, and a writ of certiorari to remove the proceedings of an inferior into a superior court has, in general, the same effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special circumstances, the certiorari has not the effect to stay the proceedings, particularly where summary proceedings, as to obtain possession under the landlord and tenant law, are given by statute. 6 Binn. R. 460; 1 Yeates, R. 49; 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h.t.; Bac. Ab. h.t.; Com. Dig. h.t.; Yelv. R. 6, note.

References in periodicals archive ?
A: Supersedeas bond is equivalent to the amount of rentals, damages and cost stated in the judgment.
Appeals are not cheap, particularly if the insurer must post a supersedeas bond.
In most civil cases, an appeal from a judgment does not stay enforcement of proceedings in the circuit court unless the appellant executes a supersedeas bond in an amount and form approved by the circuit court or otherwise complies with the applicable rules for obtaining a stay.
2000) ("We hold that the trial court, in its discretion, may allow a party to provide alternative security in lieu of a supersedeas bond.
The court concluded that the trial court was obligated to require t+-+efendants to post a supersedeas bond in the full amount of the judgement including cost, interest, and damages.
A party seeking to stay execution of a judgment pending review may move the lower tribunal to reduce the amount of a supersedeas bond required to obtain such a stay.
Looney says her client does not have the assets to satisfy the judgment and, therefore, appears incapable of posting a supersedeas bond, but she's exploring her client's options.
An automatic stay by virtue of posting a supersedeas bond is only available when the injunction is mandatory.
In the event that the Company needs to file an appeal in this matter, a supersedeas bond will need to be posted.
Given the current supersedeas bond market, both small and large companies are hard-pressed to post a bond that is the equivalent of the money judgment amount, plus two years of interest at the statutory rate.
LSB today announced that the defendants have filed a notice of appeal with the Circuit Court of Union County, Arkansas, and have posted as security for the judgment a supersedeas bond in the amount of $10.