How appeal (supersedeas) bonds stay a money judgment: FRCP 62(b), FRAP 8, local rule amounts, state rules and caps in CA, TX, NY, FL, AZ, VA and OH.
Education only / verify at source / not legal advice. This guide explains how appeal (supersedeas) bonds work in US civil cases, using federal rules, one district's local rules, an official court bond form, and seven states' statutes and rules. Global Guarantors publishes industry education. We aren't a surety, broker, insurer or law firm. The rules of your court and your own counsel's advice control.
Start here: Surety claims basics · Surety fraud patterns and red flags
A business loses at trial and a court enters a money judgment against it. It plans to appeal, but an appeal does not, by itself, stop the winning side from collecting. In federal court, execution is paused only for 30 days after the judgment is entered. After that, the judgment creditor can garnish accounts and levy on property while the appeal is still being briefed.
The usual answer is an appeal bond, known in many courts by its older name, a supersedeas bond. It is one of the most common court bonds, and often one of the largest: the bond can equal the judgment or exceed it. This guide explains how an appeal bond stays execution, how federal and state courts set the amount, where state law caps it, what a surety looks for, and what the alternatives are. It sits alongside our commercial surety guide, which covers the wider family of court, license and miscellaneous bonds.
An appeal bond is a court bond given by a party that has lost a judgment and wants to appeal without the judgment being enforced in the meantime. "Supersedeas" is the old name for the writ that suspended a judgment. Texas Rule of Appellate Procedure 24.1(f) puts the idea in modern form: "Enforcement of a judgment must be suspended if the judgment is superseded."
The vocabulary varies. Florida, Ohio and many federal courts say "supersedeas bond"; California's Code of Civil Procedure and New York's Civil Practice Law and Rules (CPLR) say "undertaking"; Virginia says "suspending bond"; and the federal rules since 2018 say "bond or other security."
Some courts also use "appeal bond" for a much smaller bond covering only appeal costs. Code of Virginia § 8.01-676.1(A) requires a bond for costs "in the penalty of $500, or such sum as the trial court may require," while subsection C covers the larger suspending bond "conditioned upon the performance or satisfaction of the judgment and payment of all damages incurred in consequence of such suspension." This guide is about the second kind.
An appeal bond is a credit instrument, not insurance for the appellant. If the appeal fails and the appellant does not pay, the surety pays the judgment creditor up to the bond amount and then looks to the appellant for repayment.
Like most surety bonds, an appeal bond has three parties, plus the court that approves it. Our surety vs insurance guide explains the three-party structure in general.
| Role | Who it is on an appeal bond | What they want |
|---|---|---|
| Principal | The appellant ordered to pay (the judgment debtor) | To appeal without its accounts or property being seized first |
| Obligee | The appellee that won the judgment (the judgment creditor) | Payment in full, with interest and costs, if the judgment stands |
| Surety | A surety company that signs the bond with the appellant | To back the appellant's promise, with the appellant's indemnity behind it |
| Court | The court that entered the judgment (and, on review, the appellate court) | A bond in the right amount, from an acceptable surety, that it can approve and enforce |
Texas Rule 24.1(b)(1) lists the basics: a bond must be "payable to the judgment creditor," "signed by the judgment debtor or the debtor's agent," "signed by a sufficient surety or sureties as obligors," and "conditioned as required by (d)."
The sequence in a federal civil case runs like this:
State practice differs in the details. In Texas, a bond "is effective upon filing," with the trial court reviewing it on motion (Rule 24.1(b)(2)). In Florida, a party can get "an automatic stay of execution pending review, without the necessity of a motion or order," by posting a bond in the amount the rule sets (Rule 9.310(b)(1)).
Appeal bonds are mainly a tool for money judgments. Under FRCP 62(c), unless the court orders otherwise, injunction and receivership judgments and patent accounting orders are "not stayed after being entered, even if an appeal is taken"; stays of those are handled on other terms under FRCP 62(d).
The Supreme Court's order of April 26, 2018, amended FRCP 62 and 65.1, effective December 1, 2018. Rule 62(b) now reads: "At any time after judgment is entered, a party may obtain a stay by providing a bond or other security." The Committee Note says it "carries forward in modified form the supersedeas bond provisions of former Rule 62(d)," and makes three practical points:
Federal Rule of Appellate Procedure (FRAP) 8(a)(1) says "a party must ordinarily move first in the district court" for a stay or for "approval of a bond or other security provided to obtain a stay of judgment." If it then moves in the court of appeals, that court "may condition relief on a party's filing a bond or other security in the district court" (FRAP 8(a)(2)(E)).
Two special cases: under FRCP 62(e), the court "must not require a bond, obligation, or other security" when the United States, its officers or agencies appeal; and under FRCP 62(f), where a judgment is a lien on the debtor's property under state law, "the judgment debtor is entitled to the same stay of execution the state court would give."
The federal rules do not fix a bond amount. District courts often do in their local rules, and judges can set a different figure in a case. The Northern District of Illinois is one published example. Its Local Rule 62.1 says: "A supersedeas bond, where the judgment is for a sum of money only, shall be in the amount of the judgment plus one year's interest at the rate provided in 28 U.S.C. §1961, plus $500 to cover costs." The amount is "without prejudice to any party's right to seek timely judicial determination of a higher or lower amount."
The interest piece comes from 28 U.S.C. § 1961, which says "Interest shall be allowed on any money judgment in a civil case recovered in a district court" and ties the rate to a weekly average one-year Treasury yield, so the figure differs case by case. Local rules vary by district and change over time; check the rules of the court that entered your judgment.
Each state sets its own formula for its own courts. The table summarizes seven states checked against official statute and court-rule pages on October 22, 2026. It covers money judgments only and leaves out many exceptions.
| State and source | Bond amount for a money judgment | Statutory cap? |
|---|---|---|
| California (CCP § 917.1) | Double the judgment, or one and one-half times the judgment if given by an admitted surety insurer | None in § 917.1 |
| Texas (CPRC § 52.006; Tex. R. App. P. 24.2) | Compensatory damages, plus interest for the estimated duration of the appeal, plus costs awarded | Lesser of 50% of net worth or $25 million |
| New York (CPLR 5519(a)(2)) | An undertaking "in that sum" directed to be paid | No general cap in § 5519; a special rule for malpractice judgments over $1 million (5519(g)) |
| Florida (Fla. R. App. P. 9.310(b)(1); Fla. Stat. § 45.045) | For an automatic stay, the amount of the judgment plus twice the statutory interest rate in effect on the date the judgment is filed (as amended September 1, 2026) | $50 million per appellant, adjusted annually for inflation (class-action exception) |
| Arizona (A.R.S. § 12-2108) | Lesser of damages awarded (excluding punitive damages), 50% of net worth, or $25 million | $25 million |
| Virginia (Code § 8.01-676.1) | Set by applicable law or court rule, including one year's interest from the notice of appeal | $50 million for an appellant and all affiliates, CPI-adjusted every five years from April 1, 2031 |
| Ohio (Rev. Code § 2505.09) | Not less than the cumulative total for all claims covered by the judgment, and interest | $50 million, excluding interest and costs |
California's multiplier. CCP § 917.1(b): "The undertaking shall be for double the amount of the judgment or order unless given by an admitted surety insurer in which event it shall be for one and one-half times the amount of the judgment or order." An admitted surety insurer is one licensed by California's Insurance Commissioner "to transact surety insurance in this state" (CCP § 995.120).
Texas's formula. CPRC § 52.006(a) uses "the amount of compensatory damages awarded in the judgment," "interest for the estimated duration of the appeal," and "costs awarded in the judgment." Punitive damages are not part of that sum.
New York's insurer stay. Besides the ordinary undertaking, CPLR 5519(b) allows a stay "to the extent of the policy coverage" where an insurer defends the case and files its own sworn statement and undertaking.
Florida's 2026 change. In In re: Amendments to Florida Rules of Appellate Procedure, No. SC2025-0241 (June 11, 2026), the Supreme Court of Florida deleted "principal" from Rule 9.310(b)(1) "to make it clear that the bond must be equal to the amount of the judgment plus twice the statutory rate of interest," with the rate "in effect on the date the judgment is filed." The change took effect "September 1, 2026, at 12:01 a.m."
When a judgment runs to hundreds of millions of dollars, an appellant may be unable to post a full bond and could face collection before its appeal is heard. Five of the seven states in the table cap the bond. The figures are in the table; the wording differs in ways that matter.
Who counts. Florida's cap applies "for each appellant, regardless of the amount of the judgment appealed" (Fla. Stat. § 45.045(1)). Virginia's covers "an appellant and all of its affiliates" (§ 8.01-676.1(J)). Ohio's $50 million excludes "interest and costs" (§ 2505.09). Texas and Arizona both use the lesser of a dollar figure and half the appellant's net worth (CPRC § 52.006(b); A.R.S. § 12-2108(A)).
Lowering the bond further. Texas says the trial court "shall lower the amount of the security to an amount that will not cause the judgment debtor substantial economic harm" if the debtor shows that harm is likely (§ 52.006(c)). Arizona allows the same on "clear and convincing evidence" (§ 12-2108(C)). Florida allows a court, "in the interest of justice and for good cause shown," to reduce the bond, but "may not reduce the supersedeas bond if the appellant has an insurance or indemnification policy applicable to the case" (§ 45.045(2)). Texas also allows "alternative security" for a judgment debtor with a net worth under $10 million who would otherwise have to "substantially liquidate" property needed for its business (§ 52.007).
Dissipating assets. Four of the five cap states checked add a safeguard for the judgment creditor; Ohio's § 2505.09 does not. In Arizona, if the appellee proves "by clear and convincing evidence" that the appellant "is intentionally dissipating assets outside the ordinary course of business to avoid payment," the court may require a bond "up to the full amount of the judgment" (§ 12-2108(B)). Florida allows limited discovery and a larger bond if assets have been "dissipated or diverted" (§ 45.045(3)–(4)); Virginia rescinds the limit on proof "by a preponderance of the evidence" (§ 8.01-676.1(K)); Texas lets the court enjoin dissipation outside "the normal course of business" (§ 52.006(e)).
Net worth. In Texas, a debtor relying on the net-worth cap files an affidavit that "is prima facie evidence of the debtor's net worth," which the creditor can contest after discovery (Tex. R. App. P. 24.2(c)).
Caps change the size of the bond. They do not change the judgment, and they do not stop interest from running on it.
From the surety's side, an appeal bond is close to a straight credit guarantee. If the appeal fails, the amount owed is usually known and may fall due quickly. The surety is not insuring the outcome of the appeal; it is relying on the appellant's ability to pay if it loses. We describe underwriting generally here; every surety sets its own requirements, and we don't publish rates or collateral levels.
Courts often accept other security. In the sources we checked:
The trade-off is usually liquidity: cash or a letter of credit ties up funds or bank lines for the life of the appeal, while a surety bond may need less cash up front, depending on the collateral the surety asks for.
Many courts publish bond forms, and some require them. Virginia's Clerk of the Supreme Court must prescribe "separate forms for bonds, one for costs alone, one for suspension of execution, and one for both and a form for irrevocable letters of credit" (§ 8.01-676.1(I)). The District of Colorado lists "Appeal Bond – Surety (formerly Supersedeas Bond – Surety)" among its forms.
A clear public example is Form 12 of the US Court of Federal Claims, "Supersedeas Bond (Surety)":
When reviewing any supersedeas bond, check:
Appeal bonds are built to be enforced quickly. Under FRCP 65.1, a security provider "submits to the court's jurisdiction and irrevocably appoints the court clerk as its agent for receiving service of any papers that affect its liability on the security," and its "liability may be enforced on motion without an independent action." FRAP 8(b) is to the same effect, and Florida Rule 9.310(d) allows enforcement "after motion and notice, without the necessity of an independent action."
The trigger is usually the end of the appeal. In California, liability "may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court" (CCP § 917.1(b)). In Texas, it arises if the debtor's appeal fails or is dismissed and it does not perform the judgment, "up to the amount of the bond, deposit, or security" (Rule 24.1(d)).
After paying, the surety steps into the creditor's shoes. Under CCP § 917.1(c), a surety that pays after affirmance "is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment." It can also enforce the appellant's indemnity agreement and any collateral it holds.
Appeal bonds are one of a larger family of court (judicial) bonds.
| Bond | When it is given | Who is protected |
|---|---|---|
| Appeal / supersedeas bond | After judgment, to stay enforcement | The judgment creditor |
| Cost bond on appeal | When an appeal is filed, for costs only | The appellee |
| Injunction bond | Before an injunction or TRO issues | A party wrongly enjoined |
| Attachment and prejudgment bonds | Before judgment, with a provisional remedy | The party whose property is restrained |
| Fiduciary (probate) bonds | When a court appoints an executor or guardian | The estate and beneficiaries |
Timing is the key difference. An appeal bond secures a judgment that already exists; an injunction bond under FRCP 65(c) is given before an injunction issues, "to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained."
Blurring the labels causes problems. In October 2026 the Idaho Supreme Court vacated an order requiring a $1,000,000 surety bond that the lower court had called "equivalent" to a supersedeas bond, in a dispute over an arbitration award that was not yet a judgment. Our report on the Idaho Supreme Court's prejudgment surety bond ruling explains why: there was no judgment to stay.
General education, not legal advice. Use it as a list of questions for your appellate counsel and surety professional.
When judgment is entered
When the bond is issued
What is the difference between an appeal bond and a supersedeas bond? In money-judgment cases they usually mean the same thing: security that stays enforcement of a judgment while it is appealed. Some courts also use "appeal bond" for a smaller bond covering only the costs of an appeal, such as Virginia's $500 bond under § 8.01-676.1(A).
How much is a supersedeas bond? It depends on the court. The Northern District of Illinois uses the judgment plus one year's interest plus $500; California requires one and one-half times the judgment with an admitted surety insurer. Judges can often set a different amount.
Do I need a surety bond to stay a federal judgment? Not necessarily. Since December 1, 2018, FRCP 62(b) allows "a bond or other security," and the stay takes effect when the court approves it.
What happens to the bond if the appellant wins? If the judgment is reversed, the condition is not triggered, and on a form such as the Court of Federal Claims' Form 12 the obligation "will become void."
Retrieved or confirmed October 22, 2026 (PT).
