{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-990.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-990.4","heading":"Stay of enforcement - Judgments, decrees or final","body":"orders.\n\nA. Except as provided in subsection C of this section, a party\n\nmay obtain a stay of the enforcement of a judgment, decree or final\n\norder:\n\n1. While a posttrial motion is pending;\n\n2. During the time in which an appeal may be commenced in any\n\ncourt in or outside of this state; or\n\n3. While an appeal is pending in any court in or outside of\n\nthis state.\n\nSuch stay may be obtained by filing with the court clerk a written\n\nundertaking and the posting of a supersedeas bond or other security\n\nas provided in this section. In the undertaking the appellant shall\n\nagree to satisfy the judgment, decree or final order, and pay the\n\ncosts and interest on appeal, if it is affirmed. The undertaking\n\nand supersedeas bond or security may be given at any time. The stay\n\nis effective when the bond and the sufficiency of the sureties are\n\napproved by the trial court or the security is deposited with the\n\ncourt clerk. The enforcement of the judgment, decree or order shall\n\nno longer be stayed, and the judgment, decree or order may be\n\nenforced against any surety on the bond or other security:\n\n1. If neither a posttrial motion nor a petition in error is\n\nfiled, and the time for appeal has expired;\n\n2. If a posttrial motion is no longer pending, no petition in\n\nerror has been filed, and the time for appeal has expired; or\n\n3. If an appeal is no longer pending.\n\nB. The amount of the bond or other security shall be as\n\nfollows:\n\n1. When the judgment, decree or final order is for payment of\n\nmoney:\n\na. Subject to the limitations hereinafter provided, the\n\nbond shall be double the amount of the judgment,\n\ndecree or final order, unless the bond is executed or\n\nguaranteed by a surety as hereinafter provided. The\n\nbond shall be for the amount of the judgment, decree\n\nor order including costs and interest on appeal where\n\nit is executed or guaranteed by an entity with\n\nsuretyship powers as provided by the laws of Oklahoma.\n\nb. Upon a showing by the judgment debtor that the\n\njudgment debtor is likely to suffer substantial\n\neconomic harm if required to post bond in the amount\n\nrequired by this paragraph, the court shall balance\n\nthe likely substantial economic harm to the judgment\n\ndebtor with the ability of the judgment creditor to\n\ncollect the judgment in the event the judgment is\n\naffirmed on appeal and may lower the bond accordingly.\n\n“Substantial economic harm” means insolvency or\n\ncreating a significant risk of insolvency. The court\n\nshall not lower a bond as provided in this paragraph\n\nto the extent there is in effect an insurance policy,\n\nor agreement under which a third party is liable to\n\nsatisfy part or all of the judgment entered and such\n\nparty is required to post all or part of the bond.\n\nc. Subject to the limitations contained in this\n\nparagraph, the bond shall not exceed Twenty-five\n\nMillion Dollars ($25,000,000.00).\n\nd. Upon limiting the bond pursuant to subparagraphs b or\n\nc of this paragraph, the court shall enter an order\n\nenjoining a judgment debtor from dissipating or\n\ntransferring assets to avoid satisfaction of the\n\njudgment, but the court shall not make any order that\n\ninterferes with the judgment debtor’s use of assets in\n\nthe normal course of business. If it is proven by a\n\npreponderance of the evidence that the appellant for\n\nwhom the bond would be or has been limited pursuant to\n\nsubparagraph b or c of this paragraph likely will be\n\nor is intentionally dissipating or diverting assets or\n\nengaging in other conduct outside of the ordinary\n\ncourse of its business for the purpose of avoiding\n\npayment of the judgment, the court shall enter such\n\norders as are necessary to prevent such conduct\n\nincluding, but not limited to, requiring that a bond\n\nbe posted equal to the full amount of security\n\nrequired pursuant to this section, without the\n\nreduction or limitations allowed by subparagraph b or\n\nc of this paragraph.\nide of the ordinary\n\ncourse of its business for the purpose of avoiding\n\npayment of the judgment, the court shall enter such\n\norders as are necessary to prevent such conduct\n\nincluding, but not limited to, requiring that a bond\n\nbe posted equal to the full amount of security\n\nrequired pursuant to this section, without the\n\nreduction or limitations allowed by subparagraph b or\n\nc of this paragraph.\n\ne. Instead of filing a supersedeas bond, the appellant\n\nmay obtain a stay by depositing cash with the court\n\nclerk in the amount of the judgment or order plus an\n\namount that the court determines will cover costs and\n\ninterest on appeal. The court shall have discretion\n\nto accept United States Treasury notes or general\n\nobligation bonds of the State of Oklahoma in lieu of\n\ncash. If the court accepts such notes or bonds, it\n\nshall make appropriate orders for their safekeeping\n\nand maintenance during the stay;\n\n2. When the judgment, decree or final order directs execution\n\nof a conveyance or other instrument, the amount of the bond shall be\n\ndetermined by the court. Instead of posting a supersedeas bond or\n\nother security, the appellant may execute the conveyance or other\n\ninstrument and deliver it to the clerk of the court for deposit with\n\na public or private entity for safekeeping, as directed by the court\n\nin writing;\n\n3. When the judgment, decree or final order directs the\n\ndelivery of possession of real or personal property, the bond shall\n\nbe in an amount, to be determined by the court, that will protect\n\nthe interests of the parties. The court may consider the value of\n\nthe use of the property, any waste that may be committed on or to\n\nthe property during the pendency of the stay, the value of the\n\nproperty, and all costs. When the judgment, decree or final order\n\nis for the sale of mortgaged premises and the payment of a\n\ndeficiency arising from the sale, the bond must also provide for the\n\npayment of the deficiency;\n\n4. When the judgment or final order directs the assignment or\n\ndelivery of documents, they may be placed in the custody of the\n\nclerk of the court in which the judgment or order was rendered, for\n\ndeposit with a public or private entity for safekeeping during the\n\npendency of the stay, as directed by the court in writing, or the\n\nbond shall be in such sum as may be prescribed by the court;\n\n5. The bond in any action or litigation brought under any legal\n\ntheory involving a nonparticipating manufacturer to the Master\n\nSettlement Agreement dated November 23, 1998, shall be in an amount\n\nnot to exceed one hundred percent (100%) of the judgment, exclusive\n\nof interest and costs, ten percent (10%) of the net worth of the\n\njudgment debtor, or Twenty-five Million Dollars ($25,000,000.00),\n\nwhichever is less. Provided, however, these bond limitations shall\n\nnot apply to judgments in favor of the State of Oklahoma, its\n\nagencies or officers; or\n\n6. In order to protect any monies payable to the Tobacco\n\nSettlement Fund as set forth in Section 50 of Title 62 of the\n\nOklahoma Statutes, the bond in any action or litigation brought\n\nunder any legal theory involving a signatory, successor of a\n\nsignatory or an affiliate of a signatory to the Master Settlement\n\nAgreement dated November 23, 1998, or a signatory, successor of a\n\nsignatory or an affiliate of a signatory to the Smokeless Tobacco\n\nMaster Settlement Agreement, also dated November 23, 1998, shall be\n\nin an amount not to exceed one hundred percent (100%) of the\n\njudgment, exclusive of interest and costs, ten percent (10%) of the\n\nnet worth of the judgment debtor, or Twenty-five Million Dollars\n\n($25,000,000.00), whichever is less. However, if it is proved by a\n\npreponderance of the evidence that the appellant for whom the bond\n\nhas been limited pursuant to this paragraph is intentionally\n\ndissipating or diverting assets outside of the ordinary course of\njudgment, exclusive of interest and costs, ten percent (10%) of the\n\nnet worth of the judgment debtor, or Twenty-five Million Dollars\n\n($25,000,000.00), whichever is less. However, if it is proved by a\n\npreponderance of the evidence that the appellant for whom the bond\n\nhas been limited pursuant to this paragraph is intentionally\n\ndissipating or diverting assets outside of the ordinary course of\n\nits business for the purpose of avoiding payment of the judgment,\n\nthe court shall enter such orders as are necessary to prevent\n\ndissipation or diversion, including, but not limited to, requiring\n\nthat a bond be posted equal to the full amount of security required\n\npursuant to this section. For purposes of this paragraph, “Master\n\nSettlement Agreement” shall have the same meaning as that term is\n\ndefined in paragraph 5 of Section 600.22 of Title 37 of the Oklahoma\n\nStatutes, and “Smokeless Tobacco Master Settlement Agreement” means\n\nthe settlement agreement and related documents entered into on\n\nNovember 23, 1998, by this state and leading United States smokeless\n\ntobacco product manufacturers.\n\nC. Subsections A and B of this section shall not apply in\n\nactions involving temporary or permanent injunctions, actions for\n\ndivorce, separate maintenance, annulment, paternity, custody,\n\nadoption, or termination of parental rights, or in juvenile matters,\n\npostdecree matrimonial proceedings or habeas corpus proceedings.\n\nThe trial or appellate court, in its discretion, may stay the\n\nenforcement of any provision in a judgment, decree or final order in\n\nany of the types of actions or proceedings listed in this subsection\n\nduring the pendency of the appeal or while any posttrial motion is\n\npending upon such terms as to bond or otherwise as it considers\n\nproper for the security of the rights of the parties. If a\n\ntemporary or permanent injunction is denied or dissolved, the trial\n\nor appellate court, in its discretion, may restore or grant an\n\ninjunction during the pendency of the appeal and while any posttrial\n\nmotions are pending upon such terms as to bond or otherwise as it\n\nconsiders proper for the security of the rights of the parties.\n\nD. In any action not provided for in subsection A, B or C of\n\nthis section, the court may stay the enforcement of any judgment,\n\ndecree or final order during the pendency of the appeal or while any\n\nposttrial motion is pending upon such terms as to bond or otherwise\n\nas it considers proper for the security of the rights of the\n\nparties.\n\nE. The trial court shall have continuing jurisdiction during\n\nthe pendency of any posttrial motion and appeal to modify any order\n\nit has entered regarding security or other conditions in connection\n\nwith a stay.\n\nF. The execution of a supersedeas bond shall not be a condition\n\nfor the granting of a stay of judgment, decree or final order of any\n\njudicial tribunal against any county, municipality, or other\n\npolitical subdivision of the State of Oklahoma.\n\nG. Executors, administrators and guardians who have given bond\n\nin this state, with sureties, according to law, are not required to\n\nprovide a supersedeas bond if they are granted a stay of enforcement\n\nof a judgment, decree or final order.\n\nH. After an appeal has been decided, but before the mandate has\n\nissued, a party whose trial court judgment has been affirmed, may\n\nmove the appellate court to order judgment on the bond or other\n\nsecurity in the amount of the judgment plus interest, appeals costs\n\nand allowable appeal-related attorney fees. After mandate has\n\nissued, a party who has posted a bond or other security may move for\n\nexoneration of the bond or other security only in the trial court;\n\nand all motions concerning the bond or other security must be\n\naddressed to the trial court.\n\nI. For judgments entered after November 1, 2009, appeal bonds\n\nshall not be required for appeals of punitive damages.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0786b1904b70c5303a8c143f05e3f4b24680b10dd33290b0013194ca0f70cb82","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-990.3","next":"us-ok/okla.-stat.-tit.-12-12-990.5"},"notice":"GroundRules: Original legal text. Not legal advice."}