A money judgment against a losing defendant is usually enforceable unless the defendant posts a bond or otherwise stays enforcement of the appeal. However, many defendants do not have the financial resources to post a bond. There is an issue -- unresolved in the following discussion -- about whether there can be a constitutional challege to the bond requirement.
Date: Tue, 12 Aug 97
While obtaining an appeal bond has never been jurisdictional in Michigan or in the federal Court of Appeals, many times I am called upon to appeal cases for comparatively impecunious people who could never meet the stringent prerequisites set by appeal bond carriers and stays are usually sharply contingent on appeal bonds when money damages are awarded.
Has there ever been a successful constitutional challenge to the sine qua non of an appeal bond on any Boddie v. Connecticut-type Access to the Courts issue?
Please note: I know about Lindsey v. Normet and agree that a "double bond" requirement may be a due process problem; what about pinning a stay on an appeal bond for a large judgment amount which defendants cannot possibly bond (let alone pay).
Date sent: Wed, 13 Aug 97
Are you familiar with last term's USSC decision on right to transcript at state expense in termination of parental rights appeal? Don't know if it's on point for you and can't remember the case name (it was initials) but it wouldn't be hard to find.
Date sent: 25 May 98
Isn't the issue moot? An individual defendant facing a huge judgment who cannot afford to pay an appeal bond is probably involvent within the meaning of the bankruptcy code. Can't that individual file for bankruptcy, which will stay the enforceability of the judgment during the pendency of the appeal?
Date: Tue, 26 May 1998
In addition, an indigent person can always seek a writ of supersedeas based upon the trial court's discretionary power to waive a bond [in California] under Code of Civil Procedure section 995.240.
The above discussion was taken from the Appellate Law Discussion list and edited.
To add your comment to this page, click here.
| The information on these webpages is not intended to serve as legal advice or as a guarantee, warranty, or prediction regarding the outcome of any particular legal matter. You should not rely on any information contained on these webpages without first consulting a qualified attorney. | This webpage is written and maintained by |