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 ?
Appeals are not cheap, particularly if the insurer must post a supersedeas bond.
1927) ("Where the judgment is, in whole or in part, other than a money judgment, the amount and condition of a supersedeas bond must be determined by the court below.
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.
This release contains certain "forward-looking" statements, including statements related to the convertible senior notes, the convertible note hedge and warrant transactions, the senior secured credit facility and the posting of the supersedeas bond, made pursuant to the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995.
045, which, except for class actions, sets a limit on supersedeas bonds of $50 million and allows the trial court discretion to lower the amount of a supersedeas bond under certain circumstances.
AMERIGROUP intends to use the proceeds from the convertible notes offering to repay a portion of the outstanding amount under a new senior secured credit facility or another financing arrangement that enables it to post a supersedeas bond in connection with the appeal of its Illinois qui tam litigation.
Stratagene, Stratagene intends to file an appeal with the United States Court of Appeals for the Federal Circuit in Texas and will post a civil supersedeas bond to stay payment of the judgment.
If the appellant faces a money judgment and wants to post a civil supersedeas bond to forestall collection, that cost also can be substantial (typically a percentage of the bond amount), and counsel should start early to obtain a bond.
March 20 /PRNewswire-FirstCall/ -- AMERIGROUP Corporation today announced that it will update investors on its preliminary cost estimates associated with securing a supersedeas bond for its Illinois qui tam litigation, as well as the related impact on the Company's 2007 guidance.