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Rule 354. Cost Bond (1957)


The appellant shall execute a bond to be approved by the Clerk, payable to the ap­pellee in a sum at least double the probable amount of the costs of the Court below to be fixed by the Clerk, unless such sums as may have been paid to the Clerk by appellant on the costs, conditioned that appellant shall prosecute his appeal or writ of error with effect, and shall pay all the costs which have accrued in the court below. Each surety on the bond shall give his post office address. Appellant may make bond payable to the Clerk instead of the appellee, and same shall inure to the use and benefit of the appellee and the officers of the Court, and shall have the same force and effect as if it were payable to the appellee; or in lieu of a bond, appellant may deposit with the Clerk cash equal to the estimated costs in the court below, less such sums as have been paid to the Clerk by appellant on the costs, and in that event the Clerk shall file among the papers his certificate showing that the deposit has been made and copy same in the transcript, and this shall have the force and effect of an appeal bond.

Amended by order of March 19, 1957, eff. Sept. 1, 1957: Provision requiring that bond cover probable costs in Court of Civil Appeals and Supreme Court eliminated.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 April 12, 1962, eff. Sept. 1, 1962
Sept. 20, 1941, eff. Dec. 31, 1941 July 22, 1975, eff. Jan. 1, 1976
Oct. 10, 1945,eff. Feb. 1, 1946 June 10, 1980, eff. Jan. 1, 1981
Aug. 18, 1947, eff. Dec. 31, 1947 Dec. 5, 1983, eff. April 1, 1984
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986