Receiving an adverse judgment in a civil case can be deeply frustrating. You may be considering appealing the court’s decision. If so, you should have an understanding of how appeal bonds work in Washington and the potential alternatives that are available. At The Appellate Law Firm, we want to make sure that you have the tools and resources to protect your interests. Here, our Washington appellate law attorneys highlight the key things to know about the alternatives to appeal bonds.
What is an Appeal Bond?
Officially, referred to as a ‘supersedeas bond’ in Washington State, an appeal bond is money that an appellant must place into holding in order to delay payment of the judgment until the appeals process is fully resolved. In other words, courts in Washington generally require a losing party that owes money to post a bond in order to “stay” the execution of the judgment.
Under Washington State law (RAP Rule 8.1), any party to a civil case “has the right to stay enforcement of a money judgment or a decision affecting real, personal or intellectual property” by posting a bond. If a supersedeas bond is not posted or alternative arrangements are not made, then a judgment becomes enforceable in Washington—even if an appeal has been filed.
How Much is an Appeal Bond in Washington
The amount that needs to be posted in order to stay the execution of a judgment in a civil case in Washington depends primarily on the amount of the judgment. In general, an appeal bond is the amount of the judgment plus interest and other costs that are likely to accrue on appeal. In many cases, a bond of 110% of the amount of the judgment will be required.
Alternative Options to Appeal Bond in Washington
There are some alternatives to an appeal bond in Washington. Under RAP Rule 8.1, Subsection (b)(4), a party may take action to secure an alternative arrangement. More specifically, Washington rules of civil procedure allow parties to file a motion or seek a stipulation for a trial court or appeals court to authorize any of the following as an alternative to a ‘supersedeas bond:
- Alternative security other than a bond or cash;
- Establishment of an account held by the party, legal counsel, or third party; or
- Any other reasonable means of securing enforcement.
Notably, Washington State courts and federal courts also have some discretion to stay a judgment without requiring a full bond when deemed appropriate. No matter your circumstances, a Washington appeals lawyer can help you find the most cost effective, efficient manner to stay a judgment while your case is on appeal.
Contact Our Washington Appellate Law Attorneys for Immediate Help
At The Appellate Law Firm, our Washington appellate lawyers have the professional expertise that you can count on. If you have any questions about the alternatives to appeal bonds in Washington, we are here to help. Contact us now for a completely confidential case evaluation. We provide appellate law representation throughout Washington State, including in Seattle, Bellevue, Kent, Everett, Renton, Tacoma, Federal Way, Bellingham, Spokane, Spokane Valley, and Vancouver.