After a loss in a civil court case, If there are grounds to appeal, the losing party, referred to as the appellant, may delay paying the damages established in the original judgment until the appellate court issues a decision. Typically, the appellant must post an appeal bond to guarantee that if the appeal is lost, the awarded damages will be paid.
The Basics of Appeal Bonds
Appellate court proceedings can take time, even years. While an appeal is in motion, an appeal bond protects the winner of the original civil court decision, assuring that if the appeal is ultimately lost, the funds awarded by the civil court will be paid. In addition to safeguarding the funds during the appeals process, appeal bonds also play a role in curtailing frivolous attempts to overturn verdicts issued in civil court cases:
Appeal bonds are financial guarantees required by courts to protect the winning party’s interests during the appeals process, typically covering the full judgment amount plus anticipated interest and costs. They allow the losing party to delay payment of a judgment while appealing, but ensure funds will be available if the appeal fails, and are most commonly used in civil cases involving monetary judgments….The appeal bond also serves as a safety net bond, which helps protect the court from frivolous appeals or delaying tactics to avoid payment as these dishonest activities cost the court time and money. For instance, a defendant could file an appeal to stall payment of a court-ordered sum if an appeal bond was not required. By posting an appeal bond, the defendant guarantees that the original judgment against them will be paid if they lose the appeal.
Of course no one ever wants to be on the losing side of a court case, but a loss alone is not grounds for appeal: “The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U.S. Constitution or a state constitution.”
Good To Know: The Language of Appeals
United States Courts offers helpful information about appellate procedures, including these pointers on terminology and protocols:
- The side that seeks an appeal is called the petitioner. It is the side that brings the petition (request) asking the appellate court to review its case. The other side is known as the respondent. It is the side that comes to court to respond to and argue against the petitioner’s case.
- An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions. In criminal cases, the government does not have the right to appeal.
Obtaining An Appeal Bond
When an appeal bond is ordered, it’s important to apply for one promptly, via a reputable surety company that can meet the case specific “obligee requirements” issued by the court. The bond amount is set by the court, based on the total original judgment, though interest and legal fees may also be factored into the bond amount. Compliance with court specifications and timing is essential. As a leading, direct and national court bond writer, Colonial Surety Company makes it easy and speedy for attorneys in every state to help clients secure appeal and other court bonds. We meet specific requirements, provide simple online applications, and put instant bond downloads in your hands.
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