Texas Appeal Bonds
If a Texas court requires security while you appeal a judgment, you may need an appeal bond, supersedeas bond or another form of court-approved security.
Lavon Insurance can help you search for Texas appeal bonds and begin the surety application process online.
What Is an Appeal Bond?
An appeal bond is a type of court bond that may be required when a party appeals a judgment and needs to provide security while the appeal is pending.
In Texas civil cases, a judgment debtor may be able to suspend enforcement of a judgment by providing an approved bond, depositing money with the court or using another form of security permitted under the applicable rules.
Depending on the case, you may hear an appeal bond referred to as a supersedeas bond, a court appeal bond, or a bond to stay enforcement of a judgment.
In civil litigation, a supersedeas bond is commonly used when the appealing party wants to suspend enforcement of the judgment while the appellate court considers the case.
How Does an Appeal Bond Work in Texas?
The exact process depends on the type of case, the judgment and the court handling the appeal.
Determine the Requirement
Your attorney or the court determines whether security is required and the form and amount that must be provided.
Obtain the Required Bond
If a surety bond is being used, the applicant submits information needed for the surety company’s underwriting review.
File the Security
Once issued, the appeal bond is filed according to the requirements of the court and applicable appellate rules.
What Are the Texas Appeal Bond Requirements?
There is no single bond amount or appeal bond requirement that applies to every Texas appeal.
In a Texas civil case, Rule 24 of the Texas Rules of Appellate Procedure governs suspension of enforcement of a judgment pending appeal. Depending on the circumstances, a judgment debtor may use a bond, cash deposit, agreement or another permitted form of security.
When a surety bond is used, the required amount and conditions depend on the judgment and applicable court rules.
Information to Confirm
- The court handling the case
- The case or cause number
- The amount of the judgment
- The required bond or security amount
- The deadline for filing security
Documents That May Help
- Judgment or court order
- Order setting the bond amount
- Appeal information
- Required Texas appeal bond form, if provided
- Instructions from your attorney or court clerk
Texas Supersedeas Bonds
One of the most common types of appeal-related surety bonds is the supersedeas bond.
When a party loses a civil case and appeals the judgment, filing the appeal does not always automatically prevent the successful party from enforcing that judgment.
A supersedeas bond or another approved form of security may be used to suspend enforcement while the appeal proceeds.
Because the appropriate amount depends on the judgment and applicable court rules, applicants should obtain the required amount from their attorney or court rather than estimating it.
How Much Does an Appeal Bond Cost?
The cost of an appeal bond is generally referred to as the bond premium. The premium is different from the full amount of the bond required by the court.
Appeal and supersedeas bonds can involve significant financial obligations, so underwriting may consider the required bond amount, financial condition of the applicant, collateral requirements and other information requested by the surety.
Because every case is different, the best way to determine appeal bond cost is to apply using the exact bond amount required for your case.
Can You Get an Appeal Bond in Texas?
Yes, surety companies offer appeal and court bonds in Texas, subject to the type of case, required bond form, bond amount and underwriting approval.
Appeal bonds can receive more detailed underwriting than many small license or permit bonds because the surety may be guaranteeing a substantial financial obligation.
Applicants may be asked to provide financial information, information regarding the judgment and appeal, the required bond form and potentially collateral depending on the circumstances.
Do I Need a Specific Texas Appeal Bond Form?
The required form depends on the court and type of appeal. If the court, clerk or your attorney provides an appeal bond form, provide that document when requesting the bond.
Avoid substituting a generic form when the court has provided specific wording or conditions. The surety bond should satisfy the requirements applicable to the particular case.
Keep the form, court order and bond amount available when applying. These documents can help the surety determine exactly what bond must be issued.
Appeal Bonds for Texas Eviction Cases
People frequently search for an appeal bond in a Texas eviction, but eviction appeals have specific rules that differ from ordinary civil judgment appeals.
Under Texas Rule of Civil Procedure 510.19, a party appealing an eviction judgment from justice court may generally perfect the appeal by timely filing a bond, making a cash deposit or, when applicable, filing a Statement of Inability to Afford Payment of Court Costs.
The justice court sets the amount of security. Additional rules may also apply to payment of rent into the court registry during a residential eviction appeal.
If you are dealing with an eviction appeal, follow the instructions provided by the justice court and your attorney regarding the deadline, amount and acceptable form of security.
What About a Texas Criminal Appeal Bond?
A search for an appeal bond in a Texas criminal case can refer to something different from a civil supersedeas or court surety bond.
Texas criminal cases have separate rules governing bail and bonds pending appeal. Eligibility can depend on the offense, sentence and other circumstances.
For example, the Texas Code of Criminal Procedure contains separate provisions governing bail pending appeal after conviction.
If you need a criminal appeal bond or bail bond following a conviction, follow the instructions of the criminal court and your attorney. Do not assume that a civil appeal or supersedeas bond is the correct bond for a criminal case.
What Texas Law Governs Appeal Bonds?
The applicable Texas appeal bond statute or court rule depends on the type of case.
Civil Judgments
Texas Rule of Appellate Procedure 24 addresses suspension of enforcement of judgments pending appeal in civil cases.
Eviction Appeals
Texas Rule of Civil Procedure 510 contains specific procedures governing eviction cases and appeals from justice court.
Criminal Appeals
Criminal appeal and bail requirements are governed by separate provisions of the Texas Code of Criminal Procedure.
Frequently Asked Questions
What is an appeal bond?
An appeal bond is a court bond that may provide required financial security when a party appeals a judgment. In civil cases, an appeal-related bond used to suspend enforcement of a judgment is often called a supersedeas bond.
How does an appeal bond work in Texas?
The court determines the applicable security requirements. When a surety bond is used, the bond is obtained from an approved surety and filed according to the court’s requirements so that it can serve the purpose required during the appeal.
What are Texas appeal bond requirements?
Requirements depend on the type of case and judgment. Civil supersedeas bonds, eviction appeal bonds and criminal appeal bonds are governed by different rules. The court order and applicable court rules should be used to determine the required amount and form.
How much does an appeal bond cost?
Appeal bond premiums vary according to the bond amount, financial underwriting and other requirements of the surety. Large appeal bonds may also involve collateral or additional financial documentation.
Can you get an appeal bond in Texas?
Yes. Appeal and court bonds are available in Texas subject to the required bond type, amount and surety underwriting approval.
Is an appeal bond the same as a supersedeas bond?
Supersedeas bond is a more specific term commonly used for security posted to suspend enforcement of a civil judgment during an appeal. The term appeal bond can also be used more broadly in other types of proceedings.
Do I need a Texas appeal bond form?
If the court or your attorney provides a specific bond form, provide that form to the surety when applying. Courts may require particular wording, conditions or amounts.
How does an appeal bond work in a Texas eviction?
Texas eviction appeals from justice court have their own procedures. A party may be able to use an appeal bond, cash deposit or qualifying Statement of Inability to Afford Payment of Court Costs. The justice court determines the required security amount.
Can I use this appeal bond for a Texas criminal appeal?
Criminal appeal bonds and bail pending appeal are governed by different rules from civil supersedeas bonds. If your case is criminal, confirm the exact bond requirement with your attorney and the court before applying.
Start Your Texas Appeal Bond Application
If your attorney or the court has told you that an appeal bond, supersedeas bond or other court surety bond is required, use our online surety platform to find the appropriate bond and begin the application process.
Bond availability, approval, premium, limits, collateral and underwriting requirements vary by surety company and applicant. A bond is not issued until approved by the surety.
Appeal Bond Rules & Information
Court rules can change, and individual cases may have additional requirements. For current Texas court rules and forms, consult the Texas Judicial Branch and the court handling your case.