27-1-124 - Stay of execution Bond required in civil matters. - Tennessee Statutes

27-1-124. Stay of execution Bond required in civil matters.

(a)  If a plaintiff in a civil action obtains a judgment under any legal theory, the amount of the appeal bond necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall be set in accordance with applicable laws or court rules, except that the total appeal bond that is required of all appellants shall not exceed seventy-five million dollars ($75,000,000) regardless of the value of the judgment.

(b)  Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that:

     (1)  Are necessary to protect the appellee; and

     (2)  Require the appellant to post a bond in an amount up to the total value of the judgment.

(c)  In the event this section is found to be in conflict with any rules prescribed by the supreme court, this section shall apply notwithstanding the provisions of § 16-3-406.

[Acts 2003, ch. 276, § 1.]