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What is a writ of supersedeas?

Updated: 4/30/2024
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7y ago

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It is an order to suspend the powers of an officer in certain cases, or to stay (stop) proceedings under another writ. 'Supersedeas' is a Latin term meaning "you shall desist."

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14y ago
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2d ago

A writ of supersedeas is a legal order issued by a higher court that stays or suspends the enforcement of a judgment or decision from a lower court pending review. It is often used to prevent irreparable harm until the appeals process is completed.

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7y ago

A writ of supersedeas as an order from a higher court to a lower court forbidding a lower court to carry out a sentence until an appeal has been decided upon.

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What are the Clerk's duties releasing a supersedeas bond when a dismissal has been filed?

When the Clerk's office receives the signed order from the judge THEN they take action on whatever it is they need to do to carry it out. Just because a motion has been filed doesn't mean that the Clerk does ANYTHING. The motion has to be reviewed and ruled upon by the judge, which, in itself may take some time. Then the action doesn't become effective unless, and until, the judge signs the order.Supersedeas is a difficult concept to grasp thus, a definition of a Supersedeas Bond follows:Supersedeas is a Latin term meaning "you shall desist." It is an order to suspend the powers of an officer in certain cases, or to stay proceedings under another writ. A writ of error, when bail is entered, and a writ of certiorari to remove the proceedings of an inferior into a superior court has the effect of a supersedeas, in that they operate to stay proceedings.In some jurisdictions, in civil cases, a notice of appeal filed serves as supersedeas upon payment of all costs in the trial court by the appellant and a supersedeas bond or other form of security may or may not be required to filed. A supersedeas is a suspension of the power of a court to issue an execution on the judgment or decree from which an appeal has been taken. If a writ of execution has issued, supersedeas is a prohibition against execution of the writ. Supersedeas preserves the status quo of the case. It does not, however, set aside or annul the trial court's judgment


I was recently given a final judgment in a case of eviction and now the tenant has filed a Supersedeas Bond. How can she do this when the judgment was final?

DID you read what supersedeas means. On a final determination of a case in a lower court, an adverse party can ask to stay(stop) the judgement for purposes of review by another court, (higher court)


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