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CR 73.04 Supersedeas bond

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
IX Appeals
CR 73. All Appeals (Refs & Annos)
Kentucky Rules of Civil Procedure (CR) Rule 73.04
CR 73.04 Supersedeas bond
(1) Whenever an appellant entitled thereto desires a stay on appeal, as provided in Rule 62.03, he may present to the clerk or the 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bond may be given to stay proceedings on a part of a judgment, and in such case the bond need only secure the part superseded.

Credits

HISTORY: Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 7-1-76, 4-1-63, 6-1-60; adopted eff. 7-1-53
Rules Civ. Proc., Rule 73.04, KY ST RCP Rule 73.04
Current with amendments received through April 1, 2019.
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