130th Ohio General Assembly
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(124th General Assembly)
(Amended Senate Bill Number 161)

To amend sections 2505.09 and 2505.16 of the Revised Code to specify a maximum allowable amount for a supersedeas bond to obtain a stay of execution during an appeal.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 2505.09 and 2505.16 of the Revised Code be amended to read as follows:

Sec. 2505.09.  Except as provided in section 2505.11 or 2505.12 or another section of the Revised Code or in applicable rules governing courts, an appeal does not operate as a stay of execution until a stay of execution has been obtained pursuant to the Rules of Appellate Procedure or in another applicable manner, and a supersedeas bond is executed by the appellant to the appellee, with sufficient sureties and in such a sum, that is not less than, if applicable, the amount of cumulative total for all claims covered by the final order, judgment, or decree and interest involved, except that the bond shall not exceed fifty million dollars excluding interest and costs, as is directed by the court that rendered the final order, judgment, or decree that is sought to be superseded or by the court to which the appeal is taken. Such That bond shall be conditioned as provided in section 2505.14 of the Revised Code.

Sec. 2505.16.  When a surety upon a supersedeas bond has removed from moved out of the state or is not sufficient, or when if the bond is insufficient in form or amount, on motion, the appellate court may order its change or renewal, or that a new supersedeas bond be given, with security to be approved by the court and in an amount to be determined with the limitations specified in section 2505.09 of the Revised Code. If such that order is not complied with, the stay of execution shall cease to operate.

SECTION 2. That existing sections 2505.09 and 2505.16 of the Revised Code are hereby repealed.

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