Judicial Bonds

In Judicial Proceedings, court bonds are required by parties that seek to obtain remedies which are allowed by law in a court proceeding. 

An appeal bond may be required whenever a judgment, order or decree has been rendered against the defendant and the defendant desires to appeal to a higher court and usually to stay execution of judgment, order or decree. The bond is conditioned, in effect, that the Principal will prosecute the appeal and perform the judgment, order, or decree appealed from if it should be affirmed by the appellate court.

If the judgment, order, or decree denies to the plaintiff the remedy sought, it is necessary as a rule for the plaintiff to give bond only for the payment of costs on the appeal. If the judgment, order, or decree gives the defendant affirmative relief, a bond to stay execution may be required.

Attachment on original process is the taking of the defendant's property into custody by a summary process from the court, in advance of the trial of the merits of the case, as security for the payment of any judgment that may be recovered by the plaintiff in the action. Attachment is allowed only where the plaintiff alleges a statutory ground for it, such as the defendant is a non-resident or is about to leave the jurisdiction or remove or conceal the defendant's property. The attachment bond, which the plaintiff is required to furnish, provides indemnity to the defendant against loss or damage in case it is finally decided that a statutory ground for attachment did not exist or plaintiff fails to recover a judgment against the defendant.

When an attachment has been issued, defendant may discharge the attachment by giving bond conditioned for the payment of any judgment that may be rendered against the defendant in the action with interest and costs.

Bonds given by plaintiffs in foreclosure guaranteeing rights of party's defendant who have not been personally cited or served. The bond guarantees that the trustees appointed by the court shall comply with all legal processes with regard to the foreclosure of the property and the monies that are due to the plaintiff shall be paid in full.

An injunction is a judicial process generally issued out of a court of equity whereby the defendant is required to do or refrain from doing a particular thing. An order granting an injunction may be conditioned upon the furnishing by the plaintiff of a bond to indemnify the defendant against loss in case it is finally decided that the injunction should not have been granted.

When an injunction has been issued, the court may order the injunction dissolved upon the giving of a bond conditioned in effect to pay such damages as the plaintiff may sustain as a result of the performance of the act or acts originally issued. It allows the defendant to proceed as if the injunction had never been issued.

For those who are court appointed to take temporary or permanent charge of the property of a debtor or to operate or reorganize the debtor's business for its continuance as an ongoing concern. This bond is required in both state and federal courts

Replevin is an action to recover possession of specific articles of personal property. The replevin bond, which the plaintiff is required to furnish, is conditioned for the return of the property if return is ordered and the repayment of all costs and damages is awarded to the defendant.

Where property has been replevied, the defendant may, by the furnishing of a bond, regain possession of property, pending final decision on the merits. The bond is conditioned for redelivery of property to plaintiff, if ordered to do so or otherwise comply with court's order or judgment.


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