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§12-990.4.
§12-990.4.
A. Except as provided in subsection C of this section, a party may
obtain a stay of the enforcement of a judgment, decree or final order:
1. While a post-trial motion is pending;
2. During the time in which an appeal may be commenced;
3. While an appeal is pending.
Such stay may be obtained by filing with the court clerk a written
undertaking and the posting of a supersedeas bond or other security as
provided in this section. In the undertaking the appellant shall agree
to satisfy the judgment, decree or final order, and pay the costs and
interest on appeal, if it is affirmed. The undertaking and supersedeas
bond or security may be given at any time. The stay is effective when
the bond and the sufficiency of the sureties are approved by the trial
court or the security is deposited with the court clerk. The
enforcement of the judgment, decree or order shall no longer be
stayed, and the judgment, decree or order may be enforced against any
surety on the bond or other security:
1. If neither a post-trial motion nor a petition in error is filed,
and the time for appeal has expired;
2. If a post-trial motion is no longer pending, no petition in error
has been filed, and the time for appeal has expired;
3. If an appeal is no longer pending.
B. The amount of the bond or other security shall be as follows:
1. When the judgment, decree or final order is for payment of money:
a. The bond shall be double the amount of the judgment, decree or
final order, unless the bond is executed or guaranteed by a surety as
hereinafter provided. The bond shall be for the amount of the
judgment, decree or order including costs and interest on appeal where
it is executed or guaranteed by an entity with suretyship powers as
provided by the laws of Oklahoma.
b. Instead of filing a supersedeas bond, the appellant may obtain a
stay by depositing cash with the court clerk in the amount of the
judgment or order plus an amount that the court determines will cover
costs and interest on appeal. The court shall have discretion to
accept United States Treasury notes or general obligation bonds of the
State of Oklahoma in lieu of cash. If the court accepts such notes or
bonds, it shall make appropriate orders for their safekeeping and
maintenance during the stay.
2. When the judgment, decree or final order directs execution of a
conveyance or other instrument, the amount of the bond shall be
determined by the court. Instead of posting a supersedeas bond or
other security, the appellant may execute the conveyance or other
instrument and deliver it to the clerk of the court for deposit with a
public or private entity for safekeeping, as directed by the court in
writing.
3. When the judgment, decree or final order directs the delivery of
possession of real or personal property, the bond shall be in an
amount, to be determined by the court, that will protect the interests
of the parties. The court may consider the value of the use of the
property, any waste that may be committed on or to the property during
the pendency of the stay, the value of the property, and all costs.
When the judgment, decree or final order is for the sale of mortgaged
premises and the payment of a deficiency arising from the sale, the
bond must also provide for the payment of the deficiency.
4. When the judgment or final order directs the assignment or delivery
of documents, they may be placed in the custody of the clerk of the
court in which the judgment or order was rendered, for deposit with a
public or private entity for safekeeping during the pendency of the
stay, as directed by the court in writing, or the bond shall be in
such sum as may be prescribed by the court.
C. Subsections A and B of this section shall not apply in actions
involving temporary or permanent injunctions, actions for divorce,
separate maintenance, annulment, paternity, custody, adoption, or
termination of parental rights, or in juvenile matters, post-decree
matrimonial proceedings or habeas corpus proceedings. The trial or
appellate court, in its discretion, may stay the enforcement of any
provision in a judgment, decree or final order in any of the types of
actions or proceedings listed in this subsection during the pendency
of the appeal or while any post-trial motion is pending upon such
terms as to bond or otherwise as it considers proper for the security
of the rights of the parties. If a temporary or permanent injunction
is denied or dissolved, the trial or appellate court, in its
discretion, may restore or grant an injunction during the pendency of
the appeal and while any post-trial motions are pending upon such
terms as to bond or otherwise as it considers proper for the security
of the rights of the parties.
D. In any action not provided for in subsections A, B or C, the court
may stay the enforcement of any judgment, decree or final order during
the pendency of the appeal or while any post-trial motion is pending
upon such terms as to bond or otherwise as it considers proper for the
security of the rights of the parties.
E. The trial court shall have continuing jurisdiction during the
pendency of any post-trial motion and appeal to modify any order it
has entered regarding security or other conditions in connection with
a stay.
F. The execution of a supersedeas bond shall not be a condition for
the granting of a stay of judgment, decree or final order of any
judicial tribunal against any county, municipality, or other political
subdivision of the State of Oklahoma.
G. Executors, administrators and guardians who have given bond in this
state, with sureties, according to law, are not required to provide a
supersedeas bond if they are granted a stay of enforcement of a
judgment, decree or final order.
H. After an appeal has been decided, but before the mandate has
issued, a party whose trial court judgment has been affirmed, may move
the appellate court to order judgment on the bond or other security in
the amount of the judgment plus interest, appeals costs and allowable
appeal-related attorney's fees. After mandate has issued, a party who
has posted a bond or other security may move for exoneration of the
bond or other security only in the trial court; and all motions
concerning the bond or other security must be addressed to the trial
court.
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