§ 3.4.2.4.5 Supersedeas Bonds and Mootness.

• Jurisdiction: Arizona

§ 3.4.2.4.5 Supersedeas Bonds and Mootness. Appellants always should consider whether a supersedeas bond or some other form of stay of the superior court judgment should be sought pending appeal. In certain instances, it may be vital to stay the superior court judgment pending appeal. The subject matter of the controversy otherwise may be lost while the appeal is pending.

Rule 62(j), R. Civ. P., provides, “No execution or other process shall issue on judgments in rem disposing of an interest in property in connection with which a proper claim was timely filed and the claimant is not in default until 15 days after the time for filing a notice of appeal begins. Within such 15 day period, no such judgment shall be self-executing.” The comment to this amendment states that its purpose is “to preserve the appeal as an efficacious remedy” where, irrespective of the court’s jurisdiction over an appeal, loss of control of the res could effectively deprive a party of a remedy. The court of appeals retains...