Delaware Rules of Civil Procedure for the Superior Court

Rule 62. Stays by trial court and on appeal

“(a) Automatic stay. — Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry.

(b)[…]

(c) Stay and supersedeas on appeal from lower court. — In any civil action in which an appeal is taken from a lower court to the Superior Court the Superior Court may, upon motion of the appellant, stay execution on the judgment appealed from and may as a condition of such stay require the appellant to post a supersedeas bond with surety or a cash deposit. The amount of such supersedeas bond or cash deposit shall be sufficient to pay the amount of the judgment appealed from plus interest and court costs.[…]”

As of 2019, this state does not have a cap on the bond amount required.

**In Federal cases the bond requirement is governed by Federal Rule of Civil Procedure “62(b) Stay by Bond or Other Security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security.”**

The information contained on our site is for general information purposes, and you should consult with your attorney for the most up to date civil code or local rule that applies to your case.

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