Local Rule 62.01: Stay by Bond or Other Security
D.S.C. — Civil rule
62.01: Stay by Bond or Other Security. The appellant shall not be entitled to a stay of execution of the judgment pending appeal unless the appellant executes a bond or other security with good and sufficient sureties, approved by the clerk of court, made payable to the "Clerk of Court" with the condition, failing the appeal, to satisfy such judgment as the appellate court may render. The amount of the bond or other security shall be as specified below.
(A) If the judgment is for the payment of money only, the bond or other security shall be in an amount equal to 150% of the amount of the judgment if the judgment does not exceed ten thousand dollars ($10,000) or 125% if the judgment exceeds ten thousand dollars ($10,000).
(B) If the judgment is for the payment of money and also for the performance of some other act or duty, or for the recovery or sale of property or the possession thereof, the bond or other security shall be in such sum, in addition to the sum required for money judgments only in (A) above, as the trial court may in writing prescribe; or if appellant wishes to supersede the judgment as to the payment of money only, the requirements of (A) above shall apply.
(C) If the judgment is for the performance of some act or duty or for the recovery or sale of property or the possession thereof (or if the judgment includes the payment of money and appellant does not wish to supersede the judgment in that respect), the bond or other security shall be in such sum as the trial court may in writing prescribe.
Unless contested by the opposing party, the approval of the bond or other security by the clerk of court shall constitute a stay of the judgment when the judgment is for the payment of money only or the payment of money and some other act and the appellant wishes to supersede the judgment as to the payment of money only. In the event the clerk of court declines to approve the bond or other security, or if approval is contested, the requirements of Local Civ. Rule 62.02 (D.S.C.) shall apply.