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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed.
(b)(1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706, as it becomes due periodically after the judgment was entered.
(2) Any circuit judge shall order a stay of execution upon the bond.
(c) The bond by the tenant and the order staying execution may be substantially in the following form:
“State of Arkansas County of __________
__________ Landlord
vs.
__________ Tenant
Bond to Stay
Execution on Appeal to Circuit Court
Now comes the tenant in the above entitled action and respectfully shows the court that a writ of possession was issued against the tenant and for the landlord on the ___ day of ___, 20___, by the district court. Tenant has appealed the judgment.
Pursuant to the findings of the district court, the tenant is obligated to pay rent in the amount of $__________ per ___, due on the ___ day of each ___.
Tenant bonds to pay the periodic rent hereinafter due according to the findings of the court and moves the circuit court to stay execution on the writ of possession until this matter is heard on appeal and decided by the circuit court.
This the ___ day of ___, 20____
Upon execution of the bond, execution on the judgment of eviction is stayed until the action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within five (5) days of the due date, upon application of the landlord, the stay of execution shall dissolve, the appeal by the tenant to the circuit court on issues dealing with possession shall be dismissed and the sheriff shall dispossess the tenant.
This the ___ day of ___, 20____
(d) If the tenant fails to make a payment within five (5) days of the due date according to the bond and order staying execution, the clerk, upon application of the landlord, shall issue a writ of possession to be executed pursuant to § 18-17-904.
Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-17-707. Bond on appeal and order staying execution - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-17-707/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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