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Rule 6. Supersedeas and Cost Bonds

Arizona Revised Statutes AnnotatedSuperior Court Rules of Appellate Procedure-- Civil

Arizona Revised Statutes Annotated
Superior Court Rules of Appellate Procedure-- Civil (Refs & Annos)
Superior Court Rules of Appellate Procedures-Civil, Rule 6
Rule 6. Supersedeas and Cost Bonds
(a) Supersedeas Bond
(1) Stay Upon Appeal. An appellant or cross-appellant may obtain a stay of execution of judgment by filing a supersedeas bond in the trial court in an amount equal to the judgment and costs. The bond may be filed before or after the filing of the notice of appeal. The stay is effective when the supersedeas bond, if any, is filed.
The bond, if any, shall be conditioned that appellant or cross-appellant prosecute their appeal and satisfy any judgment which may be rendered against them on the appeal.
The trial court shall retain all supersedeas bonds.
The provisions of this subsection do apply to forcible and special detainer actions.
(2) Effect of Stay. On the posting of a supersedeas bond, the execution of the judgment shall be stayed. If execution has been issued, the trial court shall give notice recalling the execution, and no further proceedings shall be had on the judgment.
(3) Orders of Protection; Injunctions Against Harassment. The provisions of this rule pertaining to the posting of a bond to stay orders shall not apply to Orders of Protection and Injunctions Against Harassment.
(4) Powers of Superior Court Not Limited. The provisions of these rules do not limit any power of the Superior Court to stay proceedings during the pendency of an appeal, or to suspend, modify, restore, or grant an injunction during the pendency of an appeal, or to make any order appropriate to preserve the status quo or the effectiveness of the decision subsequently to be entered.
(5) Periodic rent payments in forcible and special detainer cases. The payment of periodic rent to stay issuance of a writ of restitution shall be paid to the clerk of the trial court throughout the pendency of an appeal. The trial court shall retain jurisdiction to recall writs of restitution, or to issue a writ when periodic rent payments are not timely received by the clerk of that court. The trial court shall retain periodic rent payments, unless it authorizes disbursement of such payments to the landlord or its designee for good cause.
(b) Cost Bonds
(1) Amount of Cost Bond; Form; Notice of Filing; Service. Unless an appellant or cross-appellant is exempted as hereafter provided, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, a bond for costs on appeal shall be filed in the trial court within 14 calendar days, or five calendar days in forcible and special detainer cases, from the entry of judgment by the trial court or the denial of the request to proceed as an indigent. As used in this rule, “bond for costs on appeal” includes cash or surety bond. The bond shall be in a sum or value as approved by the court. A bond for costs on appeal shall have sufficient surety, and it shall be conditioned in a manner provided by law. Notice of filing the bond shall be served by the appellant on all other parties. The trial court shall retain all cost bonds.
(2) Objections. Not later than 14 calendar days after service of the bond, or five calendar days in forcible and special detainer cases, any other party may file objections to the bond, specifying how the bond is erroneous, defective, or insufficient, or that the surety is insufficient. All errors, defects or insufficiencies in a bond for costs on appeal not specified in the motion are waived.
The trial court shall rule on the objections within 14 calendar days, or five calendar days in forcible and special detainer cases, thereafter. If the court sustains the objections, the appellant shall file, within 14 calendar days thereafter, or five calendar days in forcible and special detainer cases, a new bond that complies with the court's order.
(3) Affidavit in Lieu of Bond. If a party is unable to file a bond for costs on appeal, he shall file with the notice of appeal an affidavit stating that he is unable to give bond for costs on appeal and the reasons. Within 14 calendar days after the filing of the affidavit, any other party may file objections to the affidavit. The trial court shall rule on the affidavit and objections within 14 calendar days. It shall then endorse its approval or disapproval on the affidavit. If the court sustains the objections the appellant shall file, within 14 calendar days, a bond for costs on appeal as required by section (b)(1) of this rule, or such lesser amount as ordered by the court. The time to file objections, the time for a court to rule on the objection, and the time to file a bond for costs on appeal is five calendar days in forcible and special detainer cases.
(4) Exemptions. No cost bond shall be required for an appeal taken by the state, or a state board or commission, or by a county, school district, city, or town, or by an officer of any of the foregoing acting in his official capacity.
(5) Cost Bond or Affidavit as Not Suspending Judgment. A cost bond or affidavit provided for by this rule shall not suspend the judgment, but execution may issue thereon as if no appeal had been taken.
(6) Waiver of Bond for Costs on Appeal. The parties may, by stipulation filed with the clerk of the trial court, waive giving a bond for costs on appeal.
(c) Judgment Against Surety. By entering into a bond given pursuant to this rule, the surety submits itself to the jurisdiction of the trial court and irrevocably appoints the court as its agent upon whom any papers affecting its liability on the bond may be served. Its liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the trial court prescribes may be served on the court, who shall forthwith mail copies to the surety if its address is known.

Credits

Added April 30, 2003, effective June 1, 2003 on an emergency basis. Amended Oct. 16, 2003, effective Dec. 1, 2003.

Editors' Notes

HISTORICAL NOTES
Former Rule 6, Motions, was repealed by order dated April 30, 2003, effective June 1, 2003 on an emergency basis. For subject matter of former Rule 6, see Rules 8 and 14.
17C A. R. S. Super. Ct. Civil Appellate Proc. Rules, Rule 6, AZ ST SUPER CT RAP CIV Rule 6
Current with amendments received through 08/15/19
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