411.187 Supersedeas bond to stay execution of judgment granting any relief during

203 words·~1 min read·/ky/411-187

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

appeal -- Limit -- Rescission of limit if assets diverted or dissipated.

(1)In any civil action brought under any legal theory, the amount of a supersedeas bond

necessary to stay execution of a judgment granting legal, equitable, or any other

relief during the entire course of all appeals or discretionary reviews of the

judgment by all appellate courts shall be set in accordance with applicable law,

except that the total amount of the supersedeas bonds that are required collectively

of all appellants during the appeal of a civil action may not exceed one hundred

million dollars ($100,000,000) in the aggregate, regardless of the amount of the

judgment that is appealed.

(2)If the appellee proves by a preponderance of the evidence that a party bringing an

appeal, for whom the supersedeas bond requirement has been limited, is

purposefully dissipating or diverting assets outside of the ordinary course of its

business for the purpose of avoiding ultimate payment of the judgment, the

limitation granted under subsection

(1)of this section shall be rescinded and a court

may require the appellant to post a bond in an amount up to the full amount of the

judgment pursuant to the Kentucky Rules of Civil Procedure.