Kentucky Supersedeas Bonds

(A) Stay Pending Appeal of Judgment Other than Injunction Judgment.
(1) When an appeal is taken from a judgment other than a judgment granting a permanent injunction, the appellant may stay enforcement of the judgment by giving a supersedeas bond as provided in this rule. The bond may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas bond is approved by the court or the clerk, and the clerk shall give prompt notice of such approval to the party or parties in whose favor the judgment was rendered.
(2) If the appellant is a governmental unit exempted from the execution of a bond under the provisions of paragraph (E) of this rule, the filing of a notice of appeal by such party shall stay enforcement of the judgment as to it in all cases where the giving of the supersedeas bond would affect such a stay.
(B) Supersedeas Bond.
(1) Whenever an appellant entitled to a stay desires a stay on appeal of a judgment other than a judgment granting a permanent injunction, the appellant may present to the trial court clerk or the trial court for approval an executed supersedeas bond with good and sufficient surety. The address of the surety shall be shown on the bond. The bond shall be in a fixed amount and conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, including costs on the appeal and interest as the appellate court may
adjudge.
(2) When the judgment is for the recovery of money not otherwise secured, the amount of the bond 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 trial court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond.
(3) When the judgment determines the disposition of the property in controversy as in real actions or replevin, or when such property is in the custody of the sheriff, 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 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 supersedeas bond may be given to stay proceedings on a part of a judgment, and in such case the bond need only secure the part superseded.
(C) Failure to File or Insufficiency of Supersedeas Bond.
(1) The sufficiency of the bond or the surety may be determined by the trial court upon motion and hearing.
(2) During an appeal, the trial court shall retain original jurisdiction to determine all matters relating to the right to file a supersedeas bond, the amount and sufficiency thereof and the surety thereon.
(D) Judgment Against Surety. By entering into a supersedeas bond, the surety submits to the jurisdiction of the court with which the bond is filed and liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by RAP 5 at least 20 days prior to the date of the hearing.
(E) Exemption of Governmental Units from Giving Bond.
Whenever a bond is or may be required by these rules in order to take any proceeding, to indemnify any party, or to stay proceedings under or the enforcement of a judgment, such requirement shall not apply to the United States, the Commonwealth or any of its municipal corporations or political subdivisions, or any of their agencies or officers acting for or on their behalf. Unless otherwise exempted by law, such governmental unit shall be obligated to the same extent as if it had given the bond required.

411.187 Supersedeas bond to stay execution of judgment granting any relief during
appeal — Limit — Rescission of limit if assets diverted or dissipated.
(1) In any civil action brought under any legal theory, the amount of a supersedeas bond
necessary to stay execution of a judgment granting legal, equitable, or any other
relief during the entire course of all appeals or discretionary reviews of the
judgment by all appellate courts shall be set in accordance with applicable law,
except that the total amount of the supersedeas bonds that are required collectively
of all appellants during the appeal of a civil action may not exceed one hundred
million dollars ($100,000,000) in the aggregate, regardless of the amount of the
judgment that is appealed.
(2) If the appellee proves by a preponderance of the evidence that a party bringing an
appeal, for whom the supersedeas bond requirement has been limited, is
purposefully dissipating or diverting assets outside of the ordinary course of its
business for the purpose of avoiding ultimate payment of the judgment, the
limitation granted under subsection (1) of this section shall be rescinded and a court
may require the appellant to post a bond in an amount up to the full amount of the
judgment pursuant to the Kentucky Rules of Civil Procedure.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 111, sec. 1, effective June 26, 2007. — Created
2000 Ky. Acts ch. 205, sec. 1, effective March 29, 2000.
Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 111, sec. 2,
provides that “Section 1 of this Act (this section) shall apply to all civil actions
pending on the effective date of this Act (June 26, 2007).”