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Miss. Code Ann. § 11-51-31

Bond for supersedeas

Applied in 4 court decisions — leading case Henry v. First National Bank (1979)

Most recently applied in Newton County v. State ex rel. Dukes (June 2013)

Codes, Hutchinson’s 1848, ch. 54, art. 2, §§ 34, 37; 1857, ch. 62, art. 105; 1871, § 1251; 1880, § 2325; 1892, § 49; 1906, § 50; Hemingway’s 1917, § 26; 1930, § 29; 1942, § 1163…

How often courts cite this section

1979199020002010201320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A supersedeas shall not be granted in any case pending before the Supreme Court, unless the party applying for it shall give bond as required by the Rules of the Supreme Court.

(2) In civil litigation under any legal theory, the appeal bond to be furnished during the pendency of all appeals or discretionary reviews by any appellate courts in order to stay the execution of any judgment granting legal, equitable, or other relief during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total appeal bond or other forms of security that are required of an appellant shall be in the amount of the judgment, but not to exceed fifty percent (50%) of the net worth of the appellant, and in no event shall the appeal bond exceed Thirty-five Million Dollars ($35,000,000.00).

(3) Notwithstanding subsection (2) of this section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that: Are necessary to protect the appellee; and

(4) Require the appellant to post a bond in an amount up to the total amount of the judgment.

(5) In this section: “Civil litigation” includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.

(6) “Legal, equitable, or other relief” means all forms of relief including, without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief.

(7) “Dissipation of assets” shall not include expenditures, including payments to the owners of a business, of a kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.

(8) The provisions of this section shall apply to all judgments entered on or after July 1, 2016, regardless of the date the civil litigation was filed.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.