1. Filing an appeal automatically stays a money judgement.
2. A stay on appeal operates to preserve the status quo as of the date of judgement.
3. A stay prevents the trial court from proceeding with all matters related to the case.
4. Posting security does not always stay execution.
5. The form of a bond is a statement filed with the court and served on the respondent.
6. A respondent has the right to challenge the adequacy of an undertaking within ten days.
7. A trial court may grant a temporary stay, but this extends only for a brief time after the deadline for appeal elapses.
8. In granting a permanent stay, the trial court may dispense with the bond requirement if the court believes such action is appropriate to preserve the status quo.
9. The amount required for an undertaking posted by a private individual is different from the amount that must be provided by a surety company.
10. A party to an appeal can be a surety on the party's own behalf.
11. Personal sureties and surety insurers may join together in providing security.
12. Either a trial or appellate attorney can post security for a client.
13. A single personal surety is not sufficient to stay enforcement of a judgment.
14. Even if an automatic stay is allowed by statute, the trial court still may have discretion to require an appellant to post security.
15. Parties on appeal are free to agree to alternatives to the statutory appellate bond requirements.
16. Costs awarded by the court do not count in calculating the amount to be posted for a required undertaking.
17. A "costs only" judgment is automatically stayed without the need for posting security.
18. A court may consider the amount of the judgment in relation to an appellant's assets in determining whether the bond requirements can be waived for indigence.
19. An appellant's hardship is a sufficient basis for waiving the bond requirement.
20. If a judgment is reversed on appeal, the respondent is responsible for the appellant's expenses in connection with obtaining a stay of execution.