§ 42-133-11.1 - Stay of execution upon appeal.
SECTION 42-133-11.1
§ 42-133-11.1 Stay of execution uponappeal. – (a) In order to secure and protect the monies to be received as a result of theMaster Settlement Agreement, as defined in § 42-133-3 of this chapter, incivil litigation under any legal theory involving a signatory, a successor of asignatory, or an affiliate of a signatory to the Master Settlement Agreement,the supersedeas bond to be furnished in order to stay the execution of thejudgment during the entire course of appellate review shall be set inaccordance with applicable laws or court rules, except that the totalsupersedeas bond in any one case that is required of all appellantscollectively shall not exceed fifty million dollars ($50,000,000) regardless ofthe value of the judgment. The limitation on the amount of the bond set out inthis section does not apply to awards resulting from actions enforcing paymentsunder the Master Settlement Agreement, as defined in § 42-133-3 of thischapter.
(b) Notwithstanding subsection (a), if an appellee proves bya preponderance of the evidence that an appellant is dissipating assets outsidethe ordinary course of business to avoid payment of a judgment, a court mayrequire the appellant to post a supersedeas bond in an amount up to the totalamount of the judgment.