§ 13-16-125 — Limit on supersedeas bond

(1) In any civil action brought under
any legal theory, the amount of a supersedeas bond necessary to stay execution of
a judgment granting legal, equitable, or any other relief during the entire course of
all appeals or discretionary reviews of the judgment by all appellate courts shall be
set in accordance with applicable law; except that the total amount of the
supersedeas bonds that are required collectively of all appellants during the appeal
of a civil action may not exceed twenty-five million dollars in the aggregate,
regardless of the amount of the judgment that is appealed.

(2) Notwithstanding the provisions of subsection (1) of this section, if an
appellee proves by a preponderance of the evidence that an appellant who has
posted a supersedeas bond is intentionally dissipating or diverting assets outside
the ordinary course of its business for the purpose of avoiding payment of the
judgment, a court may enter orders that are necessary to protect the appellee or
that require the appellant to post a supersedeas bond in an amount up to and
including the total amount of the judgment that is appealed.

Legislative History

Source: L. 2003: Entire section added, p. 1871, � 1, effective May 20.