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Georgia State Code
Title       5
Chapter       6  
Section Navigation     1 ... 10         11 ... 33    
    34 ... 43           44 ... 51      
Section<<< 44 45 46 47 48 49 50 51  
Title 5, Chapter 6, Section 46 (5-6-46)

(a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or is found to be frivolous, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer, or when the proceeds of such property or a bond for its value are in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.

(b) If supersedeas bond is not filed within the time specified by the judge, or if the bond filed is found insufficient, a bond may be filed at such time as may be fixed by the trial court.

(c) By entering into an appeal or supersedeas bond given pursuant to this Code section, the surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any papers affecting his liability on the bond may be served. His liability may be enforced on motion without the necessity of notice or an independent action.

(d) Nothing in this Code section shall deprive the superior courts of their separate power to grant supersedeas under paragraph (1) of Code Section 15-6-9, nor deprive the appellate courts of the power to grant supersedeas in such manner as they may determine to meet the ends of justice.

(e) If the appellee in a civil action obtains a judgment including punitive damages and the appellant files a notice of appeal of the judgment in order to obtain review by an appellate court, the supersedeas bond for the punitive damages portion of the judgment shall not exceed $25 million.

(f) If after notice and hearing the court finds that the appellee has proven by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond requirement has been limited pursuant to subsection (e) of this Code section is purposefully dissipating or secreting its assets, or diverting assets outside the jurisdiction of the United States courts, the limitation contained in subsection (e) of this Code section shall not apply.

Saturday May 23 08:16 EDT


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