Chapter 9 - § 9.3 • HOW TO APPLY FOR A STAY

• Jurisdiction: Colorado

§ 9.3 • HOW TO APPLY FOR A STAY

§ 9.3.1—Supersedeas Bond

C.R.C.P. 62(d) provides that the appellant may obtain a stay from the trial court by giving a supersedeas bond.

Colorado courts have concluded that the language of the Colorado Rules of Civil Procedure and the Colorado Appellate Rules indicates that the filing of a supersedeas bond is generally a requirement before an order can be obtained to stay execution on a judgment, pending appeal. See, e.g., In re Marriage of Weis, 232 P.3d 789, 797 n. 10 (Colo. 2010) ("Colorado typically requires the posting of a supersedeas bond prior to staying a judgment."); see also Adolescent & Family Inst. of Colo., Inc. v. Colo. Dep't of Human Servs., 2013 COA 44, ¶ 48 ("Under C.R.C.P. 62(d), a district court may stay the execution of its order or judgment pending appeal, upon the moving party's giving of a supersedeas bond."); Hart, 990 P.2d at 1133 ("This [supersedeas] bond stays execution on the trial court's judgment, . . . and must be posted in order to obtain such a stay.") (citations omitted); Muck, 814 P.2d at 872 ("Colorado has a long history of requiring the filing of a bond as a condition for an order staying the execution of judgment."). C.R.C.P. 62(d) and C.R.C.P. 121, § 1-23(3)(a) also give "broad discretion to the trial court in determining the amount sufficient to protect the appellee's interest, represented by the appellee's judgment in the trial court." Muck, 814 P.2d at 872 n. 8; Hart, 990 P.2d at 1133. The unless otherwise ordered in its discretion amount of the supersedeas bond shall be 125 percent of the amount of the judgment, including any prejudgment interest, costs, and attorney fees awarded by the court. C.R.C.P. 121, § 1-23(3)(a). Any interested party may move the trial court for an increase in the amount of the bond to reflect the anticipated time for completion of appellate proceedings or any increase in the amount of judgment.

In cases such as dissolution of marriage, the posting of a supersedeas bond alone is insufficient to grant a stay even of a monetary award. In such cases, the court considering a stay request must ensure that harm to the non-movant spouse is not likely to occur if a stay is granted, and should apply the factors set out in Romero, 307 P.3d at 122 (see discussion below). In re Marriage of Finn, 2016 COA 193, ¶ 17.

The bond may be posted either at or after the time of the filing of the notice of appeal. C.R.C.P. 62(d). Because the stay is conditioned upon the posting...