As Introduced

124th General Assembly
Regular Session
2001-2002
S. B. No. 161


SENATOR Jacobson



A BILL
To amend sections 2505.09 and 2505.16 of the Revised1
Code to specify a maximum allowable amount for a2
supersedeas bond to obtain a stay of execution3
during an appeal.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2505.09 and 2505.16 of the Revised5
Code be amended to read as follows:6

       Sec. 2505.09.  Except as provided in section 2505.11 or7
2505.12 or another section of the Revised Code or in applicable8
rules governing courts, an appeal does not operate as a stay of9
execution until a stay of execution has been obtained pursuant to10
the Rules of Appellate Procedure or in another applicable manner,11
and a supersedeas bond is executed by the appellant to the12
appellee, with sufficient sureties and in sucha sum,that is not13
less than, if applicable, the amount of the final order, judgment,14
or decree and interest involved, and not more than fifty million15
dollars excluding interest and costs, as is directed by the court16
that rendered the final order, judgment, or decree that is sought17
to be superseded or by the court to which the appeal is taken.18
SuchThat bond shall be conditioned as provided in section 2505.1419
of the Revised Code.20

       Sec. 2505.16.  When a surety upon a supersedeas bond has21
removed frommoved out of the state or is not sufficient, or when22
if the bond is insufficient in form or amount, on motion, the23
appellate court may order its change or renewal, or that a new24
supersedeas bond be given, with security to be approved by the25
court and in an amount to be determined with the limitations26
specified in section 2505.09 of the Revised Code. If suchthat27
order is not complied with, the stay of execution shall cease to28
operate.29

       Section 2. That existing sections 2505.09 and 2505.16 of the30
Revised Code are hereby repealed.31