As Passed by the House

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


SENATORS Jacobson, Austria, Harris

REPRESENTATIVES Willamowski, Seitz, Latta, Hagan, Salerno



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 ofcumulative total for all14
claims covered by the final order, judgment, or decree and15
interest involved, except that the bond shall not exceed fifty16
million dollars excluding interest and costs, as is directed by17
the court that rendered the final order, judgment, or decree that18
is sought to be superseded or by the court to which the appeal is19
taken. SuchThat bond shall be conditioned as provided in section20
2505.14 of the Revised Code.21

       Sec. 2505.16.  When a surety upon a supersedeas bond has22
removed frommoved out of the state or is not sufficient, or when23
if the bond is insufficient in form or amount, on motion, the24
appellate court may order its change or renewal, or that a new25
supersedeas bond be given, with security to be approved by the26
court and in an amount to be determined with the limitations27
specified in section 2505.09 of the Revised Code. If suchthat28
order is not complied with, the stay of execution shall cease to29
operate.30

       Section 2. That existing sections 2505.09 and 2505.16 of the31
Revised Code are hereby repealed.32