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§ 12-301.1. Amount of supersedeas bond to obtain stay of execution of a judgment

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2018

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 12. Appeals, Certiorari, and Certification of Questions (Refs & Annos)
Subtitle 3. Review of Decisions of Trial Courts of General Jurisdiction (Refs & Annos)
Effective: October 1, 2018
MD Code, Courts and Judicial Proceedings, § 12-301.1
§ 12-301.1. Amount of supersedeas bond to obtain stay of execution of a judgment
Currentness
Application of section, limit on amount of bond
(a)(1) This section does not apply to a judgment in an action for damages under § 3-2102 of this article.
(2) Except as provided in subsection (d) of this section and notwithstanding any other law or court rule, in a civil action the amount of the supersedeas bond necessary to obtain a stay of enforcement of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews may not exceed the lesser of $100,000,000 or the amount of the judgment for each appellant, regardless of the amount of the judgment appealed.
Reduction of bond amount
(b)(1) In a civil action a party seeking a stay of execution of a judgment of any amount pending review may file a motion to reduce the amount of a supersedeas bond required to obtain the stay.
(2) A court, on a motion under paragraph (1) of this subsection or on its own motion, may reduce the amount of a supersedeas bond or may set other conditions to obtain the stay, with or without a bond, in the interest of justice and for good cause shown.
Discovery to determine if appellant dissipated or diverted assets
(c)(1) If an appellant posts a supersedeas bond in accordance with this section for an amount less than would be required under Rule 8-423(b) of the Maryland Rules, the appellee may engage in discovery for the limited purpose of determining whether the appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.
(2) The circuit court shall retain jurisdiction over the action for the limited purpose of ruling on any motions relating to discovery under paragraph (1) of this subsection to determine whether the defendant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.
Court actions upon finding that appellant dissipated or diverted assets
(d) If a court determines that an appellant dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may:
(1) Enter orders necessary to protect the appellee;
(2) Require the appellant to post a supersedeas bond in an amount not exceeding the amount that would be required under Rule 8-423(b) of the Maryland Rules; and
(3) Impose other remedies and sanctions that the court considers appropriate.

Credits

Added by Acts 2015, c. 225, § 1, eff. Oct. 1, 2015. Amended by Acts 2018, c. 626, § 1, eff. Oct. 1, 2018.
MD Code, Courts and Judicial Proceedings, § 12-301.1, MD CTS & JUD PRO § 12-301.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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