§ 18-17-707 — Bond on appeal and order staying execution

(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed. (b) (1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706 , as it becomes due periodically after the judgment was entered. (2) Any circuit judge shall order a stay of execution upon the bond. (c) The bond by the tenant and the order staying execution may be substantially in the following form: Click here to view form. (d) If the tenant fails to make a payment within five (5) days of the due date according to the bond and order staying execution, the clerk, upon application of the landlord, shall issue a writ of possession to be executed pursuant to § 18-17-904 .

Legislative History

Acts 2007, No. 1004, § 1; 2009, No. 311, § 2.