Supersedeas Law and Legal Definition

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.