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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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