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Delaware Code Title 10. Courts and Judicial Procedure § 568. Security of appeals

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.

(b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, interest thereon and the costs of the appeal.

(c) The bond or any other security required under this section need not be given by:

(1) The State or any political subdivision thereof, authorized to sue or be sued;

(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his or her representative capacity as such officer or employee; or

(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.

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Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 568. Security of appeals - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-568/

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