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Am. S. B. No. 161As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Jacobson, Austria, Harris
REPRESENTATIVES Willamowski, Seitz, Latta, Hagan, Salerno
A BILL
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be superseded or by the court to which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Revised Code are hereby repealed.
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