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Supersedeas Law & Legal Definition

Related to Supersedeas

Supersedeas is a Latin term meaning "you shall desist."  It is an order to suspend the powers of an officer in certain cases, or to stay proceedings under another writ.  A writ of error, when bail is entered, and a writ of certiorari to remove the proceedings of an inferior into a superior court has the effect of a supersedeas, in that they operate to stay proceedings.

In some jurisdictions, in civil cases, a notice of appeal filed serves as supersedeas upon payment of all costs in the trial court by the appellant and a supersedeas bond or other form of security may or may not be required to filed.  A supersedeas is a suspension of the power of a court to issue an execution on the judgment or decree from which an appeal has been taken. If a writ of execution has issued, supersedeas is a prohibition against execution of the writ. Supersedeas preserves the status quo of the case. It does not, however, set aside or annul the trial court's judgment.






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