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Amended ARCAP 7(a)(2) Affords Civil Litigants Greater Access to the Arizona Court of Appeals |
March 20, 2013
Previously published by Attorney at Law Magazine (Greater Phoenix Edition) (Target Market Media Publications, Inc. 2013)
Deciding whether to appeal a money judgment—indeed any judgment—can be an intensive intellectual exercise, to be sure. But there are important pragmatic considerations as well. Among them is whether the appellant has the financial wherewithal to “bond the judgment” and thus stave off execution pending the outcome of the appeal. Until recently, the default rule in Arizona, as in most other jurisdictions, was that a judgment debtor must post a supersedeas bond in an amount commensurate with the entire damages award embodied in the judgment, together with interest and costs, before a court would stay execution.
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