Bond or surety required during pendency of appeal, set how.
512.099. 1. In all cases in which there is a count alleging a tort,the amount of the required undertaking or bond or equivalent surety to befurnished during the pendency of an appeal or any discretionary appellatereview of any judgment granting legal, equitable, or any other form ofrelief in order to stay the execution thereon during the entire course ofappellate review shall be set in accordance with applicable laws or courtrules; except, that the total appeal bond or equivalent surety that isrequired of all appellants collectively shall not exceed fifty milliondollars, regardless of the value of the judgment. Nothing in this sectionor any other provision of law shall be construed to eliminate thediscretion of the court, for good cause shown, to set the undertaking orbond on appeal in an amount lower than that otherwise established by law.
2. If the respondent proves by a preponderance of the evidence that aparty bringing an appeal or seeking a stay, for whom the undertaking hasbeen limited, is purposefully dissipating or diverting assets outside ofthe ordinary course of its business for the purpose of avoiding ultimatepayment of the judgment, the limitation granted under subsection 1 of thissection may be rescinded and the court may enter such orders as arenecessary to prevent dissipation or diversion of the assets. An appellantwhose bond has been reduced under subsection 1 of this section shall:
(1) Provide to the court and respondent the most recent statement ofassets and liabilities of the appellant that is filed with any federal,state, or foreign regulatory agency;
(2) Provide to the court and respondent on a quarterly basis anysubsequent updated statement of assets and liabilities that is filed withany federal, state, or foreign regulatory agency; and
(3) Agree in writing or in court on the record that it will notdissipate or divert assets outside the ordinary course of its business forthe purpose of avoiding ultimate payment of the judgment.
3. The provisions of this section shall apply to all judgmentsentered on or after August 28, 2005.
(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
Bond or surety required during pendency of appeal, set how.
512.099. 1. In all cases in which there is a count alleging a tort,the amount of the required undertaking or bond or equivalent surety to befurnished during the pendency of an appeal or any discretionary appellatereview of any judgment granting legal, equitable, or any other form ofrelief in order to stay the execution thereon during the entire course ofappellate review shall be set in accordance with applicable laws or courtrules; except, that the total appeal bond or equivalent surety that isrequired of all appellants collectively shall not exceed fifty milliondollars, regardless of the value of the judgment. Nothing in this sectionor any other provision of law shall be construed to eliminate thediscretion of the court, for good cause shown, to set the undertaking orbond on appeal in an amount lower than that otherwise established by law.
2. If the respondent proves by a preponderance of the evidence that aparty bringing an appeal or seeking a stay, for whom the undertaking hasbeen limited, is purposefully dissipating or diverting assets outside ofthe ordinary course of its business for the purpose of avoiding ultimatepayment of the judgment, the limitation granted under subsection 1 of thissection may be rescinded and the court may enter such orders as arenecessary to prevent dissipation or diversion of the assets. An appellantwhose bond has been reduced under subsection 1 of this section shall:
(1) Provide to the court and respondent the most recent statement ofassets and liabilities of the appellant that is filed with any federal,state, or foreign regulatory agency;
(2) Provide to the court and respondent on a quarterly basis anysubsequent updated statement of assets and liabilities that is filed withany federal, state, or foreign regulatory agency; and
(3) Agree in writing or in court on the record that it will notdissipate or divert assets outside the ordinary course of its business forthe purpose of avoiding ultimate payment of the judgment.
3. The provisions of this section shall apply to all judgmentsentered on or after August 28, 2005.
(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
Bond or surety required during pendency of appeal, set how.
512.099. 1. In all cases in which there is a count alleging a tort,the amount of the required undertaking or bond or equivalent surety to befurnished during the pendency of an appeal or any discretionary appellatereview of any judgment granting legal, equitable, or any other form ofrelief in order to stay the execution thereon during the entire course ofappellate review shall be set in accordance with applicable laws or courtrules; except, that the total appeal bond or equivalent surety that isrequired of all appellants collectively shall not exceed fifty milliondollars, regardless of the value of the judgment. Nothing in this sectionor any other provision of law shall be construed to eliminate thediscretion of the court, for good cause shown, to set the undertaking orbond on appeal in an amount lower than that otherwise established by law.
2. If the respondent proves by a preponderance of the evidence that aparty bringing an appeal or seeking a stay, for whom the undertaking hasbeen limited, is purposefully dissipating or diverting assets outside ofthe ordinary course of its business for the purpose of avoiding ultimatepayment of the judgment, the limitation granted under subsection 1 of thissection may be rescinded and the court may enter such orders as arenecessary to prevent dissipation or diversion of the assets. An appellantwhose bond has been reduced under subsection 1 of this section shall:
(1) Provide to the court and respondent the most recent statement ofassets and liabilities of the appellant that is filed with any federal,state, or foreign regulatory agency;
(2) Provide to the court and respondent on a quarterly basis anysubsequent updated statement of assets and liabilities that is filed withany federal, state, or foreign regulatory agency; and
(3) Agree in writing or in court on the record that it will notdissipate or divert assets outside the ordinary course of its business forthe purpose of avoiding ultimate payment of the judgment.
3. The provisions of this section shall apply to all judgmentsentered on or after August 28, 2005.
(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
