The Minefield Of Appellate Practice

Securing Court Approval of an Appeal Bond in an Amount Less than Full Judgment under Illinois Supreme Court Rule 305(a)

In Illinois, when a jury awards damages to the plaintiff, the trial court enters a judgment in favor of the plaintiff and against the defendant in the amount of the jury's verdict. That judgment may be enforced during the course of the defendant's appeal unless the defendant seeks a stay of enforcement supported by the filing of an appeal bond or some other form of security, such as a letter of credit, escrow agreement, or certificate of deposit. The amount of the appeal bond or security necessary to stay enforcement of the judgment is governed by Illinois Supreme CourtRule 305(a), which requires that "[t]he bond or other form of security ordinarily shall be in an amount sufficient to cover the amount of the judgment and costs plus interest reasonably anticipated to accrue during the pendency of the appeal."