A supersedeas bond form is not a government document you download. It is a bond instrument drafted and issued by a licensed surety company, which you then file with the trial court that entered the judgment. Once the court approves it, the bond stays collection on the money judgment while your appeal proceeds. The dollar amount on the form typically runs between 110% and 125% of the judgment to cover accrued interest and costs, and the surety will almost always require collateral and a signed indemnity agreement before it releases the document to you.
Why You Need the Bond in the First Place
Filing a notice of appeal does not stop the other side from collecting.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 8 – Stay or Injunction Pending Appeal Federal Rule of Civil Procedure 62 gives you a 30-day automatic grace period after judgment entry during which no enforcement can occur. Once that window closes, the judgment creditor can garnish wages, seize assets, and record liens unless you have secured a stay.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment
The supersedeas bond is what creates that stay. It is a three-party arrangement. You pay a premium and pledge collateral, the surety company guarantees payment to the creditor if you lose, and the creditor gets financial assurance that the money will be there at the end of the appeal. In exchange, the creditor is legally barred from any collection activity for the duration of the stay.
One boundary worth noting up front: supersedeas bonds apply to money judgments. If the trial court ordered something other than payment of money, such as an injunction requiring you to stop a particular activity, different procedures govern whether and how that order can be stayed during appeal.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment
What the Form Must Contain
No single standardized supersedeas bond form is used across all courts. The surety company drafts the instrument, and many courts have local rules specifying required language or format. Some courts publish model forms, so check the local rules of the court where you will be filing before the surety prepares the document. Formatting varies, but virtually every supersedeas bond contains the same core elements:
- Case caption: the court name, case number, and full names of all parties, matching court records exactly.
- Judgment details: the specific judgment being stayed, the date it was entered, and the dollar amount.
- Bond amount: the total security, including the buffer for interest and costs.
- Surety information: the surety company’s legal name, address, and confirmation that it is authorized to do business in the jurisdiction.
- Bond condition: a statement that if the appellant fails to satisfy the judgment after the appeal concludes, the surety will pay.
- Signatures: the appellant signs as the principal; the surety signs through an authorized representative.
- Power of attorney: a document from the surety authorizing its representative to execute the bond on its behalf.
- Notarization: most jurisdictions require the signatures to be notarized. Notary fees for witnessing a bond signature are nominal, typically under $25.
Errors in the form can delay court approval and leave you exposed to collection while the problem is sorted out. Confirm that the caption matches the court record, that the amount meets the court’s requirement, and that the surety’s authorization to operate in your jurisdiction is current and documented.
Where You Get the Form
You buy the bond from a surety company, which is a specialized insurer licensed to guarantee financial obligations. Most appellants work through a bond broker who shops the application to multiple sureties. You can approach surety companies directly, but brokers frequently secure better terms because they know which companies have appetite for appeal bond risk. Not every surety writes supersedeas bonds, so a broker experienced in judicial bonds is worth seeking out.
Start early. The 30-day automatic stay begins ticking the moment the judgment is entered, and the underwriting process alone can consume much of that window.
Underwriting Documents
The surety will want a copy of the judgment being appealed, the notice of appeal, personal and business financial statements, a summary of your assets and liabilities, and details about the legal issues on appeal. The surety is evaluating two risks: the chance you will lose the appeal, and your ability to reimburse it if it has to pay out.
Indemnity Agreement
Every surety requires you to sign an indemnity agreement before issuing the bond. This agreement makes you personally responsible for reimbursing the surety if it ever pays the judgment creditor. If a business entity is involved, the surety will often require both corporate and personal indemnity. The obligation survives regardless of the appeal outcome. It is a separate contractual commitment between you and the surety.
Collateral
Collateral is where most appellants hit a wall. Because the underlying judgment has already been decided against you, sureties treat appeal bonds as high-risk. For most appellants, the surety will require collateral covering the full bond amount. Acceptable forms include cash deposits, irrevocable letters of credit, real estate with sufficient equity, and marketable securities held in non-retirement brokerage accounts. Financially strong appellants whose assets dwarf the bond amount may qualify for reduced collateral or, occasionally, none at all.
Premium
The annual premium is non-refundable and typically runs 1% to 3% of the bond amount for well-qualified appellants. Weaker finances, larger judgments, and uncertain appellate issues push premiums higher. Federal civil appeals often last longer than a year, so plan for a renewal premium if the case is still pending at the annual anniversary.
Setting the Dollar Amount on the Form
Rule 62 authorizes the bond but does not prescribe a specific dollar amount.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment The trial court sets what is required, and most courts follow local rules that call for the full judgment plus enough to cover post-judgment interest and appellate costs. A common formula in federal district courts is the judgment amount plus 20%, so a $500,000 judgment usually produces a $600,000 bond. Other courts use multipliers that fall between 110% and 125%.
The extra margin exists because interest keeps running during the appeal. In federal court, post-judgment interest is calculated under 28 U.S.C. § 1961, which ties the rate to the weekly average yield on one-year Treasury bills at the time judgment was entered.3Office of the Law Revision Counsel. 28 USC 1961 – Interest Federal civil appeals typically take roughly a year from filing to decision, which is why the 20% buffer is a common shorthand. It covers about a year of interest at prevailing rates plus costs.
The trial judge has discretion to adjust the amount in either direction. If you can show that the standard figure is genuinely impossible to post, or that the creditor is adequately protected by a smaller sum, the court may accept less. Courts weigh your financial condition, whether your assets clearly exceed the judgment, and the likelihood of the appeal succeeding. A creditor can argue for a higher bond if there is reason to believe your assets might erode during the appeal.
For very large judgments, many states have enacted statutory caps on supersedeas bond amounts, typically ranging from $25 million to $150 million, with lower limits sometimes carved out for small businesses. These caps vary by jurisdiction, so if you face a verdict in the tens or hundreds of millions, the applicable state cap is one of the first things to check.
Filing the Form and Activating the Stay
Once the surety issues the bond, you file it with the clerk of the trial court that entered the judgment, not the appellate court.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment Under Federal Rule of Appellate Procedure 8, you must ordinarily move first in the district court for approval of the bond or other security.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 8 – Stay or Injunction Pending Appeal Some courts treat the filing itself as the motion; others require a separate written motion for approval. Local rules decide which applies.
The stay takes effect when the court approves the bond, not when you file it.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment Until the judge signs off, the bond is just paper. Aim to have it approved before the 30-day automatic stay expires. Miss that window and the creditor can begin enforcement while your motion sits waiting.
If the creditor objects to the bond by challenging the surety’s financial strength, the amount, or a deficiency in the form, the court will hold a hearing before ruling. That is another reason not to file at the last minute. After the court approves the bond, serve notice of the stay on the creditor and their attorney.
Alternatives if a Standard Surety Bond Is Out of Reach
Rule 62 uses the phrase “bond or other security,” and courts have read that language broadly.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment If a traditional surety bond is unobtainable or you want to avoid the premium, options exist.
You can deposit cash or securities into an interest-bearing escrow account or provide one or more irrevocable letters of credit directly to the court. Cutting out the surety eliminates the premium. The tradeoff is that your capital is locked up for the duration of the appeal. Letters of credit from a major bank are treated as near-cash by most courts.
If the full amount would cause genuine hardship but you hold substantial assets the creditor could reach, the court may accept a reduced bond paired with restrictions on transferring or encumbering those assets. In unusual circumstances, courts grant stays without any security at all, weighing factors like the difficulty of collection, your clear ability to pay without a bond, and whether posting one would put other creditors at risk. That is a high bar, and the appellant carries the burden of persuasion.
When the federal government, its officers, or its agencies appeal, no bond or security is required.2Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment
Not the Same as a Bond for Costs
Do not confuse a supersedeas bond with a bond for costs on appeal. Under Federal Rule of Appellate Procedure 7, the district court may require an appellant to post a bond ensuring payment of appellate costs such as filing fees and printing.4Legal Information Institute. Federal Rules of Appellate Procedure Rule 7 – Bond for Costs on Appeal in a Civil Case A cost bond is a far smaller obligation and does not stay enforcement of the underlying judgment. If you need to block collection, you need the supersedeas bond. Some courts require both.
What Happens to the Bond After the Appeal
If you lose, the surety pays the creditor the full bond amount, including judgment, accrued interest, and costs. The surety then looks to you under the indemnity agreement, seizes your collateral if you cannot reimburse voluntarily, and can pursue a separate judgment for any shortfall.
If you win outright, the bond becomes obsolete. You obtain a court order exonerating the bond and discharging the surety, which then releases your collateral. Any unpaid premium may be deducted first.
Partial reversals and remands are messier. The bond may still cover whatever portion of the judgment was affirmed, and the surety will not release your collateral until it has a court order or other definitive proof that no further liability can attach. Plan on working with the trial court on remand to either exonerate or adjust the bond to reflect the reduced judgment.