§ 625A.9 — Execution on unstayed part of judgment — supersedeas bond waived

Iowa § 625A.9

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 625A: APPELLATE COURT PROCEDURE

Text

1. The taking of the appeal from part of a judgment or order, and the filing of a bond, does
not stay execution as to that part of the judgment or order not appealed from.
2. a. (1) Except as provided in paragraph “b”, if the judgment or order appealed from is
for money, such bond shall not exceed one hundred ten percent of the amount of the money
judgment.
(2) The court may set a bond in an amount in excess of one hundred ten percent of the
amount of the money judgment upon making specific findings justifying such an amount, and
in doing so, shall consider, but shall not be limited to consideration of, the following criteria:
(a) The availability and cost of the bond or other form of adequate security.
(b) The assets of the judgment debtor and of the judgment debtor’s insurer or indemnitor,
if any.
(c) The potential adverse effects of the bond on the judgment debtor, including, but
not limited to, the potential adverse effects on the judgment debtor’s employees, financial
stability, and business operations.
(d) The potential adverse effects of the bond on the judgment creditor and third parties,
including public entities.
(e) Inaclassactionsuit, theadequacyofthebondtocompensateallmembersoftheclass.
b. Notwithstanding paragraph “a”, in no case shall a bond exceed one hundred million
dollars, regardless of the value of the money judgment. This limitation shall not apply in
cases where the court finds that the defendant intentionally dissipated the defendant’s assets
outside the ordinary course of business for the purpose of evading payment of the judgment.
3. Upon motion and for good cause shown, the district court may stay all proceedings
under the order or judgment being appealed and permit the state or any of its political
3 APPELLATE COURT PROCEDURE, §625A.15
subdivisions to appeal a judgment or order to the supreme court without the filing of a
supersedeas bond.

Legislative History

[C51, §1985; R60, §3532; C73, §3191; C97, §4129; C24, 27, 31, 35, 39, §12862; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.9]