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2010 SESSION

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HB 105 Appeals; court may impose additional requirements to security posted.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Security for appeal; modification. Provides that a court may impose additional requirements to security posted for an appeal in addition to altering the amount of the security. Any changes may be made to such security by a court for good cause shown. The bill also clarifies that motions for and objections to any modification of security may be made either to the appellate court or the court whose decision is being appealed until such time as the appellate court acts. The bill also provides that individual judges of the Supreme Court, instead of a panel, may make determinations on issues regarding security for appeal. Currently, only individual judges of the Court of Appeals are permitted to make such determinations. As introduced, this bill was a recommendation of the Boyd-Graves Conference.

SUMMARY AS INTRODUCED:

Security for appeal; modification. Provides that a court may impose additional requirements to security posted for an appeal in addition to altering the amount of the security. Any changes may be made to such security by a court for good cause shown. The bill also provides that the surety on any bond shall be an insurance company that is authorized to write such bonds in the Commonwealth and is rated A plus or better by Best's Insurance Reports. The bill also clarifies that motions for and objections to any modification of security may be made either to the appellate court or the court whose decision is being appealed until such time as the appellate court acts. The bill also provides that individual judges of the Supreme Court, instead of a panel, may make determinations on issues regarding security for appeal. Currently, only individual judges of the Court of Appeals are permitted to make such determinations. This bill is a recommendation of the Boyd-Graves Conference.