Therefore, it is often either a requirement of the law, or an order of the court, that prior to commencing its appeal processes, the losing party must provide a surety bond – money it pays to the court or a third party, to demonstrate its good faith and commitment to paying judgment if it loses, and in some cases to show that their appeal is not frivolous or merely a tactic to delay or avoid payment.
In some cases it is significantly larger since it is intended to cover interest or other costs which may arise on appeal.
The amount and availability of a supersedeas bond depends on state regulations and case specifics.
[4][5] Arizona Rules of Civil Appellate Procedure, Rule 7, provides that "except in cases involving custody of children", an appellant may obtain a stay on a lower court judgment and all other further proceedings by filing a supersedeas bond in the Superior Court.
"[9] In Texas, the amount of a supersedeas bond (referred to as "security for judgments pending appeal" in the Texas Civil Practice and Remedies Code) is determined as follows:[10] Obtaining a supersedeas bond may appear to be judicial red tape; however, it serves the best interest of the defendant and plaintiff.