Okla. Stat. tit. 12, § 12-990.4

orders.

A. Except as provided in subsection C of this section, a party

may obtain a stay of the enforcement of a judgment, decree or final

order:

1. While a posttrial motion is pending;

2. During the time in which an appeal may be commenced in any

court in or outside of this state; or

3. While an appeal is pending in any court in or outside of

this state.

Such stay may be obtained by filing with the court clerk a written

undertaking and the posting of a supersedeas bond or other security

as provided in this section. In the undertaking the appellant shall

agree to satisfy the judgment, decree or final order, and pay the

costs and interest on appeal, if it is affirmed. The undertaking

and supersedeas bond or security may be given at any time. The stay

is effective when the bond and the sufficiency of the sureties are

approved by the trial court or the security is deposited with the

court clerk. The enforcement of the judgment, decree or order shall

no longer be stayed, and the judgment, decree or order may be

enforced against any surety on the bond or other security:

1. If neither a posttrial motion nor a petition in error is

filed, and the time for appeal has expired;

2. If a posttrial motion is no longer pending, no petition in

error has been filed, and the time for appeal has expired; or

3. If an appeal is no longer pending.

B. The amount of the bond or other security shall be as

follows:

1. When the judgment, decree or final order is for payment of

money:

Oklahoma Statutes - Title 12. Civil Procedure Page 186

a. Subject to the limitations hereinafter provided, the

bond shall be double the amount of the judgment,

decree or final order, unless the bond is executed or

guaranteed by a surety as hereinafter provided. The

bond shall be for the amount of the judgment, decree

or order including costs and interest on appeal where

it is executed or guaranteed by an entity with

suretyship powers as provided by the laws of Oklahoma.

b. Upon a showing by the judgment debtor that the

judgment debtor is likely to suffer substantial

economic harm if required to post bond in the amount

required by this paragraph, the court shall balance

the likely substantial economic harm to the judgment

debtor with the ability of the judgment creditor to

collect the judgment in the event the judgment is

affirmed on appeal and may lower the bond accordingly.

“Substantial economic harm” means insolvency or

creating a significant risk of insolvency. The court

shall not lower a bond as provided in this paragraph

to the extent there is in effect an insurance policy,

or agreement under which a third party is liable to

satisfy part or all of the judgment entered and such

party is required to post all or part of the bond.

c. Subject to the limitations contained in this

paragraph, the bond shall not exceed Twenty-five

Million Dollars ($25,000,000.00).

d. Upon limiting the bond pursuant to subparagraphs b or

c of this paragraph, the court shall enter an order

enjoining a judgment debtor from dissipating or

transferring assets to avoid satisfaction of the

judgment, but the court shall not make any order that

interferes with the judgment debtor’s use of assets in

the normal course of business. If it is proven by a

preponderance of the evidence that the appellant for

whom the bond would be or has been limited pursuant to

subparagraph b or c of this paragraph likely will be

or is intentionally dissipating or diverting assets or

engaging in other conduct outside of the ordinary

course of its business for the purpose of avoiding

payment of the judgment, the court shall enter such

orders as are necessary to prevent such conduct

including, but not limited to, requiring that a bond

be posted equal to the full amount of security

required pursuant to this section, without the

reduction or limitations allowed by subparagraph b or

c of this paragraph.
ide of the ordinary

course of its business for the purpose of avoiding

payment of the judgment, the court shall enter such

orders as are necessary to prevent such conduct

including, but not limited to, requiring that a bond

be posted equal to the full amount of security

required pursuant to this section, without the

reduction or limitations allowed by subparagraph b or

c of this paragraph.

Oklahoma Statutes - Title 12. Civil Procedure Page 187

e. Instead of filing a supersedeas bond, the appellant

may obtain a stay by depositing cash with the court

clerk in the amount of the judgment or order plus an

amount that the court determines will cover costs and

interest on appeal. The court shall have discretion

to accept United States Treasury notes or general

obligation bonds of the State of Oklahoma in lieu of

cash. If the court accepts such notes or bonds, it

shall make appropriate orders for their safekeeping

and maintenance during the stay;

2. When the judgment, decree or final order directs execution

of a conveyance or other instrument, the amount of the bond shall be

determined by the court. Instead of posting a supersedeas bond or

other security, the appellant may execute the conveyance or other

instrument and deliver it to the clerk of the court for deposit with

a public or private entity for safekeeping, as directed by the court

in writing;

3. When the judgment, decree or final order directs the

delivery of possession of real or personal property, the bond shall

be in an amount, to be determined by the court, that will protect

the interests of the parties. The court may consider the value of

the use of the property, any waste that may be committed on or to

the property during the pendency of the stay, the value of the

property, and all costs. When the judgment, decree or final order

is for the sale of mortgaged premises and the payment of a

deficiency arising from the sale, the bond must also provide for the

payment of the deficiency;

4. When the judgment or final order directs the assignment or

delivery of documents, they may be placed in the custody of the

clerk of the court in which the judgment or order was rendered, for

deposit with a public or private entity for safekeeping during the

pendency of the stay, as directed by the court in writing, or the

bond shall be in such sum as may be prescribed by the court;

5. The bond in any action or litigation brought under any legal

theory involving a nonparticipating manufacturer to the Master

Settlement Agreement dated November 23, 1998, shall be in an amount

not to exceed one hundred percent (100%) of the judgment, exclusive

of interest and costs, ten percent (10%) of the net worth of the

judgment debtor, or Twenty-five Million Dollars ($25,000,000.00),

whichever is less. Provided, however, these bond limitations shall

not apply to judgments in favor of the State of Oklahoma, its

agencies or officers; or

6. In order to protect any monies payable to the Tobacco

Settlement Fund as set forth in Section 50 of Title 62 of the

Oklahoma Statutes, the bond in any action or litigation brought

under any legal theory involving a signatory, successor of a

signatory or an affiliate of a signatory to the Master Settlement

Oklahoma Statutes - Title 12. Civil Procedure Page 188

Agreement dated November 23, 1998, or a signatory, successor of a

signatory or an affiliate of a signatory to the Smokeless Tobacco

Master Settlement Agreement, also dated November 23, 1998, shall be

in an amount not to exceed one hundred percent (100%) of the

judgment, exclusive of interest and costs, ten percent (10%) of the

net worth of the judgment debtor, or Twenty-five Million Dollars

($25,000,000.00), whichever is less. However, if it is proved by a

preponderance of the evidence that the appellant for whom the bond

has been limited pursuant to this paragraph is intentionally

dissipating or diverting assets outside of the ordinary course of
judgment, exclusive of interest and costs, ten percent (10%) of the

net worth of the judgment debtor, or Twenty-five Million Dollars

($25,000,000.00), whichever is less. However, if it is proved by a

preponderance of the evidence that the appellant for whom the bond

has been limited pursuant to this paragraph is intentionally

dissipating or diverting assets outside of the ordinary course of

its business for the purpose of avoiding payment of the judgment,

the court shall enter such orders as are necessary to prevent

dissipation or diversion, including, but not limited to, requiring

that a bond be posted equal to the full amount of security required

pursuant to this section. For purposes of this paragraph, “Master

Settlement Agreement” shall have the same meaning as that term is

defined in paragraph 5 of Section 600.22 of Title 37 of the Oklahoma

Statutes, and “Smokeless Tobacco Master Settlement Agreement” means

the settlement agreement and related documents entered into on

November 23, 1998, by this state and leading United States smokeless

tobacco product manufacturers.

C. Subsections A and B of this section shall not apply in

actions involving temporary or permanent injunctions, actions for

divorce, separate maintenance, annulment, paternity, custody,

adoption, or termination of parental rights, or in juvenile matters,

postdecree matrimonial proceedings or habeas corpus proceedings.

The trial or appellate court, in its discretion, may stay the

enforcement of any provision in a judgment, decree or final order in

any of the types of actions or proceedings listed in this subsection

during the pendency of the appeal or while any posttrial motion is

pending upon such terms as to bond or otherwise as it considers

proper for the security of the rights of the parties. If a

temporary or permanent injunction is denied or dissolved, the trial

or appellate court, in its discretion, may restore or grant an

injunction during the pendency of the appeal and while any posttrial

motions are pending upon such terms as to bond or otherwise as it

considers proper for the security of the rights of the parties.

D. In any action not provided for in subsection A, B or C of

this section, the court may stay the enforcement of any judgment,

decree or final order during the pendency of the appeal or while any

posttrial motion is pending upon such terms as to bond or otherwise

as it considers proper for the security of the rights of the

parties.

E. The trial court shall have continuing jurisdiction during

the pendency of any posttrial motion and appeal to modify any order

it has entered regarding security or other conditions in connection

with a stay.

Oklahoma Statutes - Title 12. Civil Procedure Page 189

F. The execution of a supersedeas bond shall not be a condition

for the granting of a stay of judgment, decree or final order of any

judicial tribunal against any county, municipality, or other

political subdivision of the State of Oklahoma.

G. Executors, administrators and guardians who have given bond

in this state, with sureties, according to law, are not required to

provide a supersedeas bond if they are granted a stay of enforcement

of a judgment, decree or final order.

H. After an appeal has been decided, but before the mandate has

issued, a party whose trial court judgment has been affirmed, may

move the appellate court to order judgment on the bond or other

security in the amount of the judgment plus interest, appeals costs

and allowable appeal-related attorney fees. After mandate has

issued, a party who has posted a bond or other security may move for

exoneration of the bond or other security only in the trial court;

and all motions concerning the bond or other security must be

addressed to the trial court.

I. For judgments entered after November 1, 2009, appeal bonds

shall not be required for appeals of punitive damages.