APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT
In a civil case, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal. Rule 8(b) applies to a surety on a bond given under this rule.
If you lose a civil case and want to appeal, the trial court can make you put up money or some other form of financial security before your appeal moves forward. This is called a bond, and it exists to cover the costs of the appeal if you lose again.
The amount and type of security is up to the court. It just needs to be enough to cover potential costs. The rules about who can act as a financial guarantor (a surety) on this bond follow the same standards set out in Rule 8(b).
Summary generated March 09, 2026
Notes of Advisory Committee on Rules—1967
This rule is derived from FRCP 73(c) without change in substance.
Notes of Advisory Committee on Rules—1979 Amendment
The amendment would eliminate the provision of the present rule that requires the appellant to file a $250 bond for costs on appeal at the time of filing his notice of appeal. The $250 provision was carried forward in the F.R.App.P. from former Rule 73(c) of the F.R.Civ.P., and the $250 figure has remained unchanged since the adoption of that rule in 1937. Today it bears no relationship to actual costs. The amended rule would leave the question of the need for a bond for costs and its amount in the discretion of the court.
Committee Notes on Rules—1998 Amendment
The language of the rule is amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.
The information on this site is for general reference only and is not legal advice.
Rule text may not reflect the most recent amendments. Always verify against official
sources before relying on any rule in a legal matter.
By using this site, you agree to our
Terms of Service and Privacy Policy,
whether or not you click this button.