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Rule 354. Cost Bond or Deposit (1984)

TEXT

(a) Cost Bond. Unless excused by law, the appellant shall execute a bond payable to the appellee in the sum of $1000 unless the court fixes a different amount upon its own motion or motion of either party or any interested officer of the court. If the bond is filed in the amount of $1000, 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 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 court, and shall have the same force and effect as if it were payable to the appellee.

(b) Deposit. In lieu of a bond, appellant may make a deposit with the clerk pursuant to Rule 14c in the amount of $1000, 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.

(c) Increase or Decrease of Amount. Upon the court's own motion or 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 shall continue for thirty days after the bond or certificate is filed, but no order increasing the amount shall affect perfecting of the appeal or the jurisdiction of the appellate court. If a motion to increase the amount is granted, the clerk and official reporter shall have no duty to prepare the record until the appellant complies with the order. 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 shall be filed in the appellate court until thirty days after the bond or certificate is filed.

(d) Notice of Filing. 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 or 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 or certificate was filed. Failure to serve a copy shall be ground for dismissal of the appeal or other appropriate action if appellee is prejudiced by such failure.

(e) Even if a bond is filed or deposit in lieu of bond is made, appellant shall either payor make arrangements to pay the court reporter upon completion and delivery of the statement of facts.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The amount of the bond has been increased, and the provision for dismissal or other sanctions for failure to serve a copy on appellee has been added. (e) is new.