Nevada Supersedeas Bonds

Stay of Proceedings to Enforce a Judgment

      (a) Automatic Stay; Exceptions for Injunctions and Receiverships.

             (1) In General.  Except as stated in this rule, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 30 days have passed after service of written notice of its entry, unless the court orders otherwise.

             (2) Exceptions for Injunctions and Receiverships.  An interlocutory or final judgment in an action for an injunction or a receivership is not automatically stayed, unless the court orders otherwise.

      (b) Stay Pending the Disposition of Certain Postjudgment Motions.  On appropriate terms for the opposing party’s security, the court may stay execution on a judgment—or any proceedings to enforce it—pending disposition of any of the following motions:

             (1) under Rule 50, for judgment as a matter of law;

             (2) under Rule 52(b), to amend the findings or for additional findings;

             (3) under Rule 59, for a new trial or to alter or amend a judgment; or

             (4) under Rule 60, for relief from a judgment or order.

      (c) Injunction Pending an Appeal.  While an appeal is pending from an interlocutory order or final judgment that grants or refuses to grant, or dissolves or refuses to dissolve, an injunction, the court may stay, suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing party’s rights.

      (d) Stay Pending an Appeal.

             (1) By Supersedeas Bond.  If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(2). The bond may be given upon or after filing the notice of appeal or after obtaining the order allowing the appeal. The stay is effective when the supersedeas bond is filed.

             (2) By Other Bond or Security.  If an appeal is taken, a party is entitled to a stay by providing a bond or other security. Unless the court orders otherwise, 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.

      (e) Stay Without Bond on Appeal by the State of Nevada, Its Political Subdivisions, or Their Agencies or Officers.  When an appeal is taken by the State or by any county, city, town, or other political subdivision of the State, or an officer or agency thereof, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security is required from the appellant.

      (f) Reserved.

      (g) Appellate Court’s Power Not Limited.  This rule does not limit the power of an appellate court or one of its judges or justices:

             (1) to stay proceedings—or suspend, modify, restore, or grant an injunction—while an appeal is pending; or

             (2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.

      (h) Stay With Multiple Claims or Parties.  A court may stay the enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.

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*This does not constitute legal advice, please read our disclaimer.

Limitation on amount of bond to secure stay of execution of judgment pending appeal; exceptions.

      1.  Notwithstanding any other provision of law or court rule, and except as otherwise provided in this section and NRS 20.035, if an appeal is taken of a judgment in a civil action in which an appellant is required to give a bond in order to secure a stay of execution of the judgment during the pendency of any or all such appeals, the total cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed the lesser of $50,000,000 or the amount of the judgment.

      2.  If an appellant is a small business concern, the amount of the appellant’s bond required pursuant to subsection 1 must not exceed the lesser of $1,000,000 or the amount of the judgment.

      3.  If the plaintiff proves by a preponderance of evidence that an appellant who posted a bond pursuant to subsection 1 or 2 is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may, if the court determines that such an order is necessary to prevent such dissipation or diversion, require the appellant to post a bond in an amount that does not exceed the full amount of the judgment.

      4.  The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law.

      5.  For the purposes of this section, “small business concern” has the meaning ascribed to it in the Small Business Act, 15 U.S.C. §§ 631 et seq., and any regulations adopted pursuant thereto.

      (Added to NRS by 2015, 1521)

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*This does not constitute legal advice, please read our disclaimer.