(a) Methods. Unless the law or these rules provide otherwise, a judgment debtor may supersede the judgment by:
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(1) filing with the trial court clerk a written agreement with the judgment creditor for suspending enforcement of the judgment;
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(2) filing with the trial court clerk a good and sufficient bond;
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(3) making a deposit with the trial court clerk in lieu of a bond; or
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(4) providing alternate security under Rule 24.2(e) or ordered by the court.
(b) Bonds.
- (1) A bond must be:
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- (A) in the amount required by 24.2;
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- (B) payable to the judgment creditor;
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- (C) signed by the judgment debtor or the debtor’s agent;
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- (D) signed by a sufficient surety or sureties as obligors; and
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- (E) conditioned as required by (d).
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(2) A bond is effective upon filing. On motion of any party, the trial court will review the bond.
(c) Deposit in Lieu of Bond.
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(1) Types of Deposits. Instead of filing a surety bond, a party may deposit with the trial court clerk:
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- (A) cash;
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- (B) a cashier’s check payable to the clerk, drawn on any federally insured and federally or state- chartered bank or savings-and-loan association; or
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- (C) with leave of court, a negotiable obligation of the federal government or of any federally insured and federally or state- chartered bank or savings-and-loan association.
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(2) Amount of Deposit. The deposit must be in the amount required by 24.2.
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(3) Clerk’s Duties; Interest. The clerk must promptly deposit any cash or a cashier’s check in accordance with law. The clerk must hold the deposit until the conditions of liability in (d) are extinguished. The clerk must then release any remaining funds in the deposit to the judgment debtor.
(d) Conditions of Liability. The surety or sureties on a bond, any deposit in lieu of a bond, or any alternate security under Rule 24.2(e) or ordered by court is subject to liability for all damages and costs that may be awarded against the debtor — up to the amount of the bond, deposit, or security — if:
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(1) the debtor does not perfect an appeal or the debtor’s appeal is dismissed, and the debtor does not perform the trial court’s judgment;
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(2) the debtor does not perform an adverse judgment final on appeal; or
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(3) the judgment is for the recovery of an interest in real or personal property, and the debtor does not pay the creditor the value of the property interest’s rent or revenue during the pendency of the appeal.
(e) Orders of Trial Court. The trial court may make any order necessary to adequately protect the judgment creditor against loss or damage that the appeal might cause.
(f) Effect of Supersedeas. Enforcement of a judgment must be suspended if the judgment is superseded. Enforcement begun before the judgment is superseded must cease when the judgment is superseded. If execution has been issued, the clerk will promptly issue a writ of supersedeas.