What is a Bond?

• A bond is simply a monetary amount that the appellant is required to place with the court before the appeal may be filed. Such a bond may serve a variety of purposes depending on the type of case. Individual state laws determine bond procedures on appeals from state court cases, and judges often have wide discretion when ordering an appeals bond. A bond may be paid in cash or by the use of a surety. A surety is a third party -- usually a bond company -- that agrees to pay the entire amount of the bond in return for a bond premium paid by the appellant.
  
  

Civil Appeal Bonds

• A civil appeal bond usually serves one of two purposes. The first scenario in which an appeal bond may be ordered is when a monetary judgment has been entered against the defendant and the defendant wishes to appeal the judgment. Often, the court orders a bond in the amount of the judgment to be posted to ensure that the defendant can pay the judgment if he loses on appeal. If the defendant wins on appeal then the bond is refunded minus any costs. If the defendant loses, then the bond is forfeit and used to pay the judgment. In other types of civil cases, an appeal bond is ordered to ensure that the costs associated with the appeal are paid, such as the cost of transcribing the lower court proceedings. The appellant will be refunded the bond when the case terminates if all costs have been paid.
  
  

Criminal Appeal Bonds

• A criminal appeal bond may also be ordered to ensure that the costs of the appeal are paid. Just as in a civil appeal, when the appeal is over the bond will be refunded if all costs associated with the appeal have been paid. If a defendant cannot afford to pay an appeal bond, he may be able to petition the court to proceed as indigent and have the bond requirement waived. Some jurisdictions also allow a defendant who has been convicted at trial to post a bond on appeal, which allows her to remain out of custody while the appeal is pending. This type of appeal bond may be refunded if the defendant appears for all court appearances and complies with all conditions of her release while the appeal is pending.
  
  

Considerations

• If a surety is used when posting a civil or criminal appeal bond, the appellant will not get the bond premium paid to the surety back regardless of the outcome of the case. It is important to understand that rules regarding appeal bonds can vary widely. Anyone required to post an appeal bond should read the court order requiring the bond carefully, or consult with an attorney, in order to clearly understand what the purpose of the bond is and whether or not it is refundable.