South Carolina Rule of Civil Procedure

Rule 62(d)

“(d) Stay Upon Appeal. When an appeal is taken, a party, by giving a supersedeas bond, may obtain a stay subject to the exceptions contained in subdivision (a) of this rule and the South Carolina Appellate Court Rules. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the supersedeas as the case may be. The stay is effective when the supersedeas bond is approved by the court.”

SC Code § 18-9-130

“Effect of notice of appeal on execution of judgment; sale of defendant’s property; appeal in civil action involving signatory of Master Settlement Agreement.

(A)(1) A notice of appeal from a judgment directing the payment of money does not stay the execution of the judgment unless the presiding judge before whom the judgment was obtained grants a stay of execution. If the presiding judge grants a stay of execution and requires a bond or other surety to guarantee the payment of the judgment pending the appeal, the amount of the bond or other surety may not exceed the amount of the judgment or:

(a) twenty-five million dollars, whichever is less, for a business entity that employs more than fifty persons and has gross revenues exceeding five million dollars for the previous tax year; or

(b) one million dollars, whichever is less, for all other entities or individuals.[…]”

**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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"I have known Dan Huckabay for many years. He is one of the most knowledgeable appeal bond brokers in the business. His understanding of the requirements for appeal bonds, knowledge of the surety insurer market and his experience working with individual surety insurers make him an excellent choice when you need to bond an appeal."

David AxelradHorvitz & Levy LLP

"Dan and Arturo have been very helpful to me and my clients on more than one occasion. They have been so easy to work with. They can explain to the client about what kind of security is needed, what type of information the client needs to supply and how the process works. They try to get everything in place with a minimum of hassle, and they always follow up. I would not call anyone else for a supersedeas bond."

Julia F. PenderyCowles & Thompson

"Court Surety Bond Agency is my one-stop shop for appellate bonds. There is much more to the appellate bonding process than you might think, and the professionals at CSBA are experts in this area. If you need a supersedeas bond, CSBA will walk you and your client through the process, and help you find the best option for any particular situation. Highly recommended!"

Duane A. DaikerShumaker

"We refer our clients to CSBA with confidence and without hesitation. Whether the client is a sophisticated entity or an individual involved in litigation for the first time, the CSBA team is ready, willing, and able to pursue all available options to secure a bond and ensure that the bond is in place when needed, all while explaining the options and requirements in an understandable way."

Jason AndersonCarney Badley Spellman