• dreamstimesmall_23212774

  • dreamstimesmall_4870456

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JUDICIAL BONDS

ORDER OF SEIZURE

A drastic but legal preliminary remedy for certain kinds of infringement. A Federal court may order the United States Marshal to confiscate and impound allegedly infringing articles pending trial. Since it may turn out later that the allegation was incorrect, the party seeking seizure must post a bond to protect the party whose items were seized. The remedy may even be granted ex parte in certain circumstances (meaning that the defendant has no chance to oppose the seizure in advance). (Download Form Adobe_PDF_file_icon_32x32 or Apply Now)

STAY OF EXECUTION

An appellant may, at or prior to, the filing of the notice of appeal, file a supersedes bond in an amount determined under the Statute, which if approved and accepted by the court, shall have the effect of staying execution on the judgment while the appeal is pending. The court may also, at or prior to the filing of the notice of appeal, fix the amount of the supersedeas bond by order and allow appellant a reasonable period of time not to exceed thirty (30) days to file the bond, subject to its approval. This means that a bond may be filed in the court after the notice of appeal has been filed and if the court sets the amount of the bond at or before the filing of the notice of appeal. (Download Form Adobe_PDF_file_icon_32x32 or Apply Now)

APPEAL

When a judgment or decree has been rendered in one court and the losing party wishes to take an appeal to a higher court, he or she ordinarily must give an appeal bond. The giving of this bond usually prevents the successful party in the lower court from executing on the judgment. Therefore, the appeal bond generally supersedes or takes the place of the judgment. The bond guarantees that the appeal will be prosecuted without unnecessary delay, and if the judgment is affirmed by the Appellate Court, that the principal will satisfy the judgment with interest and costs. (Download Form Adobe_PDF_file_icon_32x32 or Apply Now)

INJUNCTION

This type of bond may be required of law officers who are called upon to execute o writs. Generally, the officers will rely on the plaintiff’s attorney as to what property is subject to seizure. The officers are liable for damages for seizing the wrong property or acting on invalid writs. The bond is for the protection of officers of the court from such damages. If there is a fully adjudged claim that has been reduced to a judgment, the potential liability under such a bond is quite limited. However, if the claim is questionable or the property not clearly identified as to ownership, substantial damages can occur. Sometimes adjoining or other property not belonging to the plaintiff is damaged when the plaintiff’s property is removed. (Download Form Adobe_PDF_file_icon_32x32 or Apply Now)

ATTACHMENT

This bond guarantees the payments of costs and damages to property if the applicant is unsuccessful in their court action. (Download Form Adobe_PDF_file_icon_32x32 or Apply Now)

MECHANIC’S LIEN

This bond guarantees that a mechanic’s lien filed against a property will be discharged and released. (Download Form Adobe_PDF_file_icon_32x32 or Apply Now)