§ 16-67-313 - Bond for costs.
16-67-313. Bond for costs.
(a) The appellant may be required to give security for costs under the same circumstances that plaintiffs in civil action may be so required.
(b) Whenever a bond for costs on appeal is required by law, the bond shall be filed with the notice of appeal.
(c) The bond shall be in the sum of two hundred fifty dollars ($250), unless the court fixes a different amount or unless a supersedeas bond is filed, in which event no separate bond on appeal is required.
(d) The bond on appeal shall have sufficient surety and shall be conditioned to secure the payment of costs if the appeal is dismissed or the judgment or decree is affirmed or the payment of such costs as the appellate court may award if the judgment or decree is modified.
(e) If a bond on appeal in the sum of two hundred fifty dollars ($250) is given, no approval thereof is necessary.
(f) After a bond on appeal is filed, an appellee may raise objections to the form of the bond or to the sufficiency of the surety for determination by the clerk.
(g) (1) If a bond on appeal or a supersedeas bond is not filed within the time allowed by law or if the bond filed is found insufficient and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed as may be fixed by the court.
(2) After the action is docketed, application for leave to file a bond may be made only in the appellate court.