• MOTION TO SETSUPERSEDEAS BOND TO STAY EXECUTION OF JUDGMENT

  • IN THE JUSTICE COURT OF SPARKS TOWNSHIP

    COUNTY OF WASHOE, STATE OF NEVADA

  •    

    Plaintiff(s),

    v.

       

    Defendant(s).

  • Comes now      , (“Appellant”), and respectfully requests that the Court set an amount for the Supersedeas Bond to stay execution of the judgment entered on Pick a Date pending the appeal of this matter.

  • POINTS AND AUTHORITIES

    Justice Court Rule of Civil Procedure 100 provides that:

    (a) Bond on Appeal - General. The notice of appeal required in Rule 99 must be accompanied by an appeal bond. The appeal bond may be in the form of a cash bond, a formal surety bond, or an informal surety bond. After an appeal bond is filed, the other party may raise,for determination by the judge, objections to the form of the bond or to sufficiency of the surety.

    (b) Bond on Appeal - Judgment Debtor. Where a judgment debtor appeals a small claims judgment the bond posted must undertake and promise to pay to the judgment creditor should the judgment be affirmed or the appeal dismissed:

          (1) an amount equal to the judgment, plus interest; plus

          (2) $100 to cover the costs of the filing fees and any other costs of defending the appeal awarded by the district court; plus

          (3) $15 to cover the respondent's attorney fees should such attorney fees be awarded by the district court.

    (c) Bond on Appeal - Plaintiff. Where a plaintiff appeals a small claims judgment in favor of the defendant or in an amount less than claimed, the bond posted must undertake and promise to pay to the defendant should the judgment be affirmed or the appeal dismissed:

          (1) $100 to cover the costs of the filing fees and any other costs of defending the appeal awarded by the district court; plus

          (2) $15 to cover the respondent's attorney fees should such attorney fees be awarded by the district court.

  • STATEMENT OF FACTS

    The above-entitled Court issued a judgment on   Pick a Date   in the amount of $          which was entered in favor of      or and against    or      . On   Pick a Date , Appellant filed their Notice of Appeal with the appropriate appeal cost bond and fees or fee waiver.

    Pursuant to JCRCP 100, Appellant respectfully requests that the above-entitled Court set an amount for the Supersedeas Bond to stay execution of said judgment pending appeal in Second Judicial District Court.

    Pursuant to NRS §53.045, I declare under penalty of perjury, under the laws of the that the foregoing is true and correct.

    Dated:   Pick a Date   

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  • CERTIFICATE OF SERVICE

  • Pursuant to JCRCP 5(b), I hereby certify that on   Pick a Date, I served a true and correct copy of the foregoing Motion upon the following person:

       
          
       

    Via:
      
       
      
       
             

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    Via:
          
       
       
       
                

  • Pick a Date
       
          

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