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.
Supersedeas Undertaking on Appeal
Description
How to fill out Supersedeas Undertaking On Appeal?
US Legal Forms is the most straightforward and profitable way to locate suitable formal templates. It’s the most extensive web-based library of business and individual legal paperwork drafted and verified by attorneys. Here, you can find printable and fillable templates that comply with federal and local regulations - just like your Supersedeas Undertaking on Appeal.
Obtaining your template takes just a few simple steps. Users that already have an account with a valid subscription only need to log in to the website and download the form on their device. Later, they can find it in their profile in the My Forms tab.
And here’s how you can obtain a professionally drafted Supersedeas Undertaking on Appeal if you are using US Legal Forms for the first time:
- Read the form description or preview the document to guarantee you’ve found the one meeting your needs, or locate another one using the search tab above.
- Click Buy now when you’re certain about its compatibility with all the requirements, and select the subscription plan you prefer most.
- Register for an account with our service, sign in, and purchase your subscription using PayPal or you credit card.
- Choose the preferred file format for your Supersedeas Undertaking on Appeal and download it on your device with the appropriate button.
Once you save a template, you can reaccess it whenever you want - simply find it in your profile, re-download it for printing and manual completion or upload it to an online editor to fill it out and sign more effectively.
Take full advantage of US Legal Forms, your trustworthy assistant in obtaining the corresponding official documentation. Give it a try!
Form popularity
FAQ
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;
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.
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.
: 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.
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.
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.
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 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.