§ Rule 62-I. Supersedeas Bond

Codes > District of Columbia Official Code > Superior Court > VII. Judgment > Rule 62-I.

Rule 62-I. Supersedeas Bond

(a)Whenever an appellant entitled thereto desires a stay on appeal, the appellant may present to the Court for its approval a supersedeas bond or an undertaking which shall have such surety or sureties as the Court may require. The bond or undertaking shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond or undertaking shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the Court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages or when such property is in the custody of the marshal or when the proceeds of such property or a bond for its value is in the custody or control of the Court, the amount of the supersedeas bond or undertaking shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. A separate supersedeas bond need not be given, unless otherwise ordered, when the appellant has already filed in the trial court security including the event of appeal, except for the difference in amount, if any. When the defendant in an action to recover possession of real estate seeks such review, the undertaking shall also provide for the payment of all intervening damages to the property sought to be recovered and compensation for its use and occupation from the date of the judgment to the date of the satisfaction thereof if the judgment is not reversed.

(b)Before the Court approves any such bond or undertaking, the party offering the bond or undertaking shall furnish to the Court such evidence establishing the financial ability of the surety or sureties to discharge the financial obligations of the bond as might be required by the Court.