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Posting a Bond

There are three bonds to be aware of when filing an appeal in a lower jurisdiction court: appeal bond, cost bond, supersedeas bond.

Appeal Bond

If you are filing for appeal in a civil traffic case, it is possible to post an appeal bond, but not required.  If you do not post an appeal bond, you are required to pay your fine.  If you cannot afford the appeal bond, you may ask for the amount to be waived or reduced by the traffic court.  The bond amount will be the total amount of the fines and fees ordered, unless the traffic court reduced the amount per your request.  Check with the courthouse to see what methods of payment are accepted.

Cost Bond

Generally, a cost bond should be deposited with the court clerk if an appeal is filed.  This money is used to reimburse the appellee if you lose your case.  You can apply for this bond to be waived.  If you post a supersedeas bond, you do not need to post a cost bond.  Without a cost bond, supersedeas bond, or waiver your appeal will be dismissed.  Once you file a cost bond, file a Notice of Filing Cost Bond on Appeal with the court clerk.

Supersedeas Bond

Filing a supersedeas bond allows the appellee to stay or suspend the enforcement of a judgment while the appeal is pending.  In eviction matters, filing a supersedeas bond can temporarily stop the removal order for the tenant.

 

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