12-2108. Preservation of right to appeal judgment without execution
A. If a plaintiff in any civil action obtains a judgment under any legal theory, the amount of the bond that is necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall be set as the lesser of the following:
1. The total amount of damages awarded excluding punitive damages.
2. Fifty per cent of the appellant's net worth.
3. Twenty-five million dollars.
B. Notwithstanding subsection A, if an appellee proves by clear and convincing evidence that an appellant is intentionally dissipating assets outside the ordinary course of business to avoid payment of a judgment, the court may require the appellant to post a bond in an amount up to the full amount of the judgment.
C. Notwithstanding subsection A, if an appellant proves by clear and convincing evidence that the appellant is likely to suffer substantial economic harm if required to post bond in an amount required under subsection A, the trial court may lower the bond amount to an amount that will not cause the appellant substantial economic harm.
Section: Previous 12-2101.01 12-2102 12-2103 12-2104 12-2105 12-2106 12-2107 12-2108 12-2201 12-2202 12-2203 12-2211 12-2212 12-2213 12-2214 NextLast modified: October 13, 2016