What is a supersedeas bond in Oregon?

An appeal bond, referenced in the statute as a "supersedeas undertaking", effectively "secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal".

What does brought up on appeal mean?

: a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect.

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Supersedeas Undertaking on Appeal

Supersedeas Undertaking on Appeal

Name: Supersedeas Undertaking on Appeal
Brand: US Legal Forms
Price: 59.00 USD
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Federal - DC District - Forms - Official - General

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US-DC-DIST-FRAP-8

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Description

Supersedeas Undertaking on Appeal Supersedes Undertaking on Appeal is a legal document that is signed by a party appealing a court's decision in order to stop the enforcement of a judgment against them until the appeal is heard. The appealing party must provide security (usually in the form of a bond) for the payment of any costs, damages, or other liabilities that may be imposed on them should the appeal be unsuccessful. There are two types of Supersedes Undertaking on Appeal: a fixed sum and a variable sum. A fixed sum is an amount of money predetermined by the court which must be paid by the appealing party if their appeal is unsuccessful. A variable sum is an amount that can vary depending on the outcome of the appeal. If the appeal is successful, the appealing party will be refunded the full amount of security they provided; if the appeal is unsuccessful, they will be liable for any amount they owe as a result of the judgment.

Supersedes Undertaking on Appeal is a legal document that is signed by a party appealing a court's decision in order to stop the enforcement of a judgment against them until the appeal is heard. The appealing party must provide security (usually in the form of a bond) for the payment of any costs, damages, or other liabilities that may be imposed on them should the appeal be unsuccessful. There are two types of Supersedes Undertaking on Appeal: a fixed sum and a variable sum. A fixed sum is an amount of money predetermined by the court which must be paid by the appealing party if their appeal is unsuccessful. A variable sum is an amount that can vary depending on the outcome of the appeal. If the appeal is successful, the appealing party will be refunded the full amount of security they provided; if the appeal is unsuccessful, they will be liable for any amount they owe as a result of the judgment.

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FAQ

What is an Undertaking? Undertakings are a common part of the Court process, and are defined as a legal promise to do, or not do, something. An undertaking is a promise to the Court, and if you break it there are ways that it can be enforced.

An appeal bond, referenced in the statute as a "supersedeas undertaking", effectively "secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal".

Undertaking on appeal means a promise secured by sureties or by money, bond or any other security described in ORS 22.020. ? Undertaking on appeal? includes undertakings for costs and supersedeas undertakings.

Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution.

: a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect.

After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate court can order a new trial.

Undertaking in general means an agreement to be reponsible for something. In a legal context, it typically refers to a party agreeing to a surety arrangement, under which they will pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so.

Giving an Undertaking Specific ? as to action, timescale, who is giving it, to whom it is given; Measurable ? in other words there are agreed steps or outcomes that will demonstrate when the undertaking has been performed; Agreed ? in a form that both parties are happy with;

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Supersedeas Undertaking on Appeal. (F. R.A.P. 8). CO-284. Rev.Plaintiff Stolar obtained a decree and defendant appealed, filing a supersedeas bond staying the proceedings. On appeal, the decree was affirmed. 10 days after the expiration of the time for filing a notice of appeal. File a Notice of Appeal. Supersedeas bond or undertaking to the court for its approval. Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. The appellant shall not be entitled to a stay of execution of the judgment pending appeal (except as provided in Rule 62(e),. Supersedeas bond requirements, tobacco settlement litigation.

Supersedeas Undertaking on Appeal

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