Bill No.: HB0196                  Drafter:  JHR

LSO No.:  07LSO-0449              Effective Date:  7/1/2007

Enrolled Act No.:  HEA0091

Chapter No.:

Prime Sponsor:     Representative Walsh

Catch Title:       Appeal bonds.

Subject:  Establishes maximum bond amounts on supersedeas bonds.

Summary/Major Elements:

· Under current law, a person may have a stay of execution under the Wyoming Rules of Civil Procedure for any judgment for the recovery of money or sale of property.

· This act:

· Establishes a maximum bond amount for a supersedeas bond not to exceed:

· $2 million during the entire course of appellate review, in any action in which all appellants are either individuals or have 50 or fewer employees;

· $25 million in any other action;

· Provides exceptions to the maximum bond amounts as follows:

· If an appellee proves by a preponderance of the evidence that the appellant is dissipating assets that may affect his ultimate ability to pay the judgment, the court may order the appellant to post a bond in an amount up to the amount of the judgment; or

· That an appellee of a judgment to pay taxes or liens to the state shall post a bond in an amount not less than the full amount of the judgment, plus interest and costs of the appeal, unless otherwise ordered, as provided in Rule 4.02 of the Wyoming Rules of Appellate Procedure.