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MS · rules

UCRCCC 5.08

SUPERSEDEAS

activein force · 1996-05-13 – presentact-effective-date

The perfecting of an appeal, whether on the record or by trial de novo, does not act as

supersedeas. In cases being appealed that involve a money judgment, the party against whom

money judgment was rendered may post with the court clerk of the court acting as the

appellate court a bond that is 125% of the money judgment, such bond to be approved by the

circuit clerk. The posting of this bond shall automatically act as a supersedeas solely on the

money judgment, but not any other part of the order or judgment. Upon application the court

may reduce the amount of the supersedeas bond. In appeals from lower authorities, when the

statute provides for automatic supersedeas, the statute shall govern. In all other cases the

court may grant a supersedeas upon proof of the party requesting the same, applying the same

standards as for a preliminary injunction. However, except in those cases in which the statute

provides for automatic supersedeas, no supersedeas will be granted on appeals from a denial,

revocation or suspension of a license to practice a profession or a trade. The court may grant

an expedited hearing, may alter the briefing schedules, and may require the record to be

expedited. In all cases in which a discretionary supersedeas is granted, the court may require

a bond sufficient to protect the interests of the other parties.

History

[Amended May 13, 1996.]

Provenance

Source
courts.ms.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
18b0fd09461a6a53189818df24b73a05b57206b41d2bf465fcf2338f827315c0
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UCRCCC 5.08 — SUPERSEDEAS · binding.law