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Rule 354. Cost Bond or Deposit (1981)

TEXT

(a) Unless excused by law, the appellant shall execute a bond payable to the appellee in the sum of $500.00 unless the court fixes a different amount upon motion of either party or any interested officer of the court. If the bond is filed in the amount of $500.00, no approval by the court is necessary. The bond on appeal shall have sufficient surety and shall be conditioned that appellant shall prosecute his appeal or writ of error with effect, and shall pay all the costs which have accrued in the trial court and the cost of the statement of facts and transcript. Each surety shall give his post office address. Appellant may make the bond payable to the clerk instead of the appellee, and same shall inure to the use and benefit of the appellee and the officers of the court, and shall have the same force and effect as if it were payable to the appellee. In lieu of a bond, appellant may deposit with the clerk $500.00 in cash, less such sums as have been paid by appellant on the costs, and in that event the clerk shall file among the papers his certificate showing that the deposit has been made and copy same in the transcript, and this shall have the force and effect of an appeal bond. Upon motion of any party or any interested officer of the court, the court may increase or decrease the amount of the bond or deposit required.

The trial court's power to increase the amount of the bond shall continue for 30 days after the bond or certificate is filed, but no order increasing the amount of the bond shall affect perfecting of the appeal or the jurisdiction of the appellate court. If a motion to increase the amount of the bond is granted, the clerk and official reporter shall have no duty to prepare the record until the appellant complies with the order increasing the bond If the appellant fails to comply with such order, the appeal shall be subject to dismissal or affirmance under Rule 387. No motion to increase the amount of the bond shall be filed in the appellate court until thirty days after the bond or certificate is filed.

(b) Notification of the filing of the bond or certificate of deposit shall promptly be given by counsel for appellant by mailing a copy thereof to counsel of record of each party other than the appellant or, if a party is not represented by counsel, to the party at his last known address. Counsel shall note on each copy served the date on which the appeal bond was filed.

Amended by order of June 10, 1980, eff. Jan. 1, 1981: The first and last sentences of the first full paragraph of (a) are amended to permit an officer of the court to move for a change in the amount of the bond or deposit. A cash deposit of $500.00 may be made in lieu of a bond for $500.00. The next full paragraph of (a) limits the time in which the trial court may change the amount of the bond. Paragraph (c) is deleted from Rule 354 and is amended and added to Rule 356 as paragraph (c).