Court bond glossary.

The party that appeals the trial court's judgment.

In an appeal, the appellant is the party who lost in the trial court and seeks reversal or modification of the judgment in the appellate court. The appellant typically posts the supersedeas bond to stay execution of the judgment during appeal.

The party defending the trial court's judgment.

The appellee — sometimes called the respondent — is the party that prevailed in the trial court and is defending the favorable judgment on appeal. The appellee is the obligee on a supersedeas bond.

A state that statutorily limits the maximum amount of a supersedeas bond.

Several states have enacted statutory caps on supersedeas bond amounts to prevent the bond requirement from foreclosing appellate review in large-judgment cases. Texas caps at $25M under §52.006; Florida at $50M under §45.045; Mississippi at $100M under §11-51-79; Tennessee at $75M under §27-1-124; South Carolina at $25M under §18-9-130; Alabama at 125%/$125M under §6-12-2; North Carolina at $25M under §1-289; Ohio and Missouri at $50M for tort cases.

An asset or instrument the surety holds as security for the bond.

Collateral protects the surety from loss if the principal defaults. CourtBondSurety.com accepts three forms: cash, irrevocable letter of credit, and U.S. Treasury securities (for bond penalties over $5M). Real property, tangible assets, UCC filings, and assignments are not accepted because they lack the liquidity required for surety security.

A court-appointed fiduciary who manages the property of an incapacitated adult.

Under the Uniform Probate Code framework, a conservator is responsible for the protected person's property — distinct from a guardian, who handles personal care. UPC §§5-410 and 5-411 govern the conservator's bond. In non-UPC states the same role is often called 'guardian of the estate.'

A bond securing the defendant's recoverable court costs if the plaintiff loses.

Also called a litigation bond or bond for costs of court. Required on defendant's motion in some states (CA, CO, LA, NV, NC, TX) and at filing in others (Puerto Rico). The bond secures the taxable court costs the prevailing defendant can recover, not damages or attorney's fees in the general case. Federal appellate practice is governed by FRAP 7.

A defendant's bond to retain possession of property seized under a writ of replevin.

Sometimes called a forthcoming bond or redelivery bond. The defendant posts the bond at the bond amount set by court order — typically twice the value of the seized property — to keep the property pending adjudication of the underlying claim. Distinct from the plaintiff's replevin bond.

A bond that removes a recorded lien from real property.

Also called a mechanic's lien release bond. The bond transfers the lien claimant's security from the property to the bond itself, allowing the property to be transferred, refinanced, or sold without the lien encumbering title. The bond bonds off the lien.

A defendant's bond to release property from prejudgment attachment.

When a plaintiff has obtained a writ of attachment and the sheriff has levied on the defendant's property, the defendant may post a dissolution-of-attachment bond to recover possession pending trial. The bond substitutes for the attached property as security.

A person named in a will to administer a decedent's estate.

The executor is the fiduciary appointed by the will. If the will requires it, the executor must post a probate bond. Many wills include a 'no bond required' clause that waives the bond for the named executor; most states honor the waiver. Distinct from an administrator, who is appointed by the court when there is no will or no named executor.

A bond filed with the FAA Aircraft Registry to remove a lien on an aircraft.

Aircraft are federally titled and any lien must be filed with the FAA Aircraft Registry in Oklahoma City. A lien release bond clears the FAA record, allowing the aircraft to be transferred or financed. Filed under 49 U.S.C. §44107 and 14 C.F.R. §49.17.

Puerto Rico's non-resident plaintiff cost bond.

Required of every non-resident plaintiff filing a civil suit in Puerto Rico courts. The bond is required at filing — not on defendant's motion as in most state cost-bond regimes — and failure to post operates as adjudication on the merits per Priolo v. El San Juan Towers Hotel, 575 F. Supp. 208 (D.P.R. 1983).

A person or entity entrusted to manage assets for another.

Court-appointed fiduciaries include executors and administrators (probate), guardians, conservators, trustees, receivers, and custodians. The fiduciary owes the highest duty known to U.S. law to the beneficiaries and is typically required to post a bond as financial assurance of faithful performance.

See Counter-replevin bond.

An older term for a counter-replevin bond. The defendant 'forthcomes' the property — agrees to produce it on demand if judgment goes against the defendant — and posts the bond as security for that obligation.

Federal Rule of Appellate Procedure 7 — bond for costs on appeal.

FRAP 7 authorizes the district court to require an appellant to post a bond for the appellee's costs on appeal. The bond is at the trial court's discretion; the typical penal sum runs in the four to five-figure range. Distinct from a supersedeas bond, which secures the entire judgment.

Federal Rule of Civil Procedure 62 — stay of proceedings to enforce a judgment.

FRCP 62 establishes the framework for staying execution of a federal judgment during appeal. The rule provides for automatic stays in certain circumstances and discretionary stays in others, typically conditioned on the appellant posting a supersedeas bond approved by the court.

Federal Rule of Civil Procedure 65(c) — security for TRO and preliminary injunction.

FRCP 65(c) requires the movant for a temporary restraining order or preliminary injunction to give security in an amount the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined.

Federal Rule of Civil Procedure 66 — receivers.

FRCP 66 governs federal court receivers. The rule provides that the district court has authority to appoint a receiver and that the receiver must give such bond as the court directs. Federal receivership practice is supplemented by the practice followed in the courts of the state where the property is located.

A plaintiff's bond securing a writ of garnishment.

Required in many jurisdictions when a plaintiff seeks to garnish wages, bank accounts, or accounts receivable before judgment. The bond protects the garnishee and the defendant against wrongful garnishment.

A court-appointed fiduciary responsible for the custody and care of a ward.

Under the Uniform Probate Code, a guardian handles the personal care of a minor or incapacitated adult; a conservator handles property. In non-UPC states, 'guardian' often covers both roles, sometimes split into 'guardian of the person' and 'guardian of the estate.'

A court bond authenticated with CourtBondSurety's proprietary hologramming tool.

CourtBondSurety.com authenticates every executed court bond with a proprietary hologramming tool that no other surety offers. The hologram provides visual and tactile verification that the document is an authentic original — protection against forgery and substitution.

Irrevocable Letter of Credit.

A bank instrument that guarantees payment of a debt or liability of a principal if the beneficiary (the surety) demands the same. Cannot be canceled or modified except by absolute agreement of the issuing bank and the surety. Must follow ICC UCP 600 form. One of three accepted collateral forms.

An action against a thing rather than against a person.

Admiralty practice operates substantially in rem — actions are brought against a vessel, cargo, or other maritime property rather than against the owner directly. Supplemental Rule C of the Federal Rules governs in rem actions in admiralty.

The principal's signed promise to reimburse the surety for any loss under the bond.

Every surety bond is supported by an indemnity agreement executed by the principal (and often by co-indemnitors). If the surety pays a claim under the bond, the principal owes the surety reimbursement of the loss plus expenses. Indemnity is the surety's first line of recourse.

A stakeholder's bond filed in an interpleader action.

When a stakeholder holds funds claimed by two or more adverse parties, the stakeholder may file an interpleader action under 28 U.S.C. §1335 (federal) or state rule, deposit the funds with the court, and be discharged from further liability. An interpleader bond may be required as security.

The court order appointing an administrator on intestacy.

Issued when the decedent left no will, or when the named executor declined, died, or was removed. Administrators bond virtually without exception in all U.S. jurisdictions.

The court order appointing an executor under a will.

Issued by the probate court (or surrogate's court, orphans' court, or other state equivalent) to formally vest the executor with authority to administer the estate. The executor presents Letters Testamentary to banks, brokerages, and other parties as proof of authority.

The plaintiff in an admiralty action.

Admiralty practice uses distinctive nomenclature inherited from civil law. The libellant is the party initiating the action (plaintiff); the libellee is the responding party (defendant); the proctor is the attorney; the libel is the complaint.

Another name for a plaintiff cost bond.

Some practitioners and statutes refer to the plaintiff cost bond as a litigation bond — emphasizing its function of securing the costs of litigation rather than damages or judgment. See cost bond.

A statutory lien recorded by a contractor or supplier against improved real property.

When a general contractor, subcontractor, or material supplier is not paid for work performed or materials supplied to improve real property, state mechanic's lien statutes authorize the unpaid party to record a lien against the property. The lien encumbers title and can be enforced by foreclosure. A mechanic's lien release bond discharges the lien from the property and substitutes the bond as the lien claimant's security.

Managing General Agent.

An MGA is an insurance intermediary authorized to underwrite, bind, and issue policies on behalf of an insurance carrier within delegated authority limits. Surety One, Inc. is the MGA for Janus Assurance Re — the federally authorized surety carrier behind every CourtBondSurety.com bond.

A state that requires the supersedeas bond at a statutory multiple of the judgment.

California uses 1.5× the judgment under CCP §917.1; Pennsylvania uses 120% under Rule 1735; Mississippi, Tennessee, South Carolina, and Georgia use 125%; Michigan uses 1.25× under Court Rule 7.209.

The party protected by a surety bond.

In a supersedeas bond, the obligee is the appellee (the prevailing party); in a mechanic's lien release bond, the obligee is the lien claimant; in a probate bond, the obligees are the heirs and creditors. The obligee can claim against the bond if the principal defaults.

The Uniform Probate Code's unified term for executors and administrators.

Under UPC §1-201 the role of executor (under a will) and administrator (on intestacy) is unified into 'personal representative.' UPC-adopting states use this terminology; non-UPC states retain the older executor/administrator distinction.

The party required to post a surety bond.

In a supersedeas bond, the principal is the appellant; in a mechanic's lien release bond, the principal is the property owner or general contractor seeking to clear the lien; in a probate bond, the principal is the executor or administrator. The principal owes the indemnity obligation to the surety.

An attorney practicing in admiralty.

Admiralty practice retains the historical term 'proctor' for counsel — distinct from 'advocate,' which historically referred to a different specialization. Modern admiralty attorneys are often called proctors in admiralty.

A court-appointed neutral third party who takes custody of contested property.

Receivers are appointed under FRCP 66 in federal court and under state receivership statutes (CCP §§564-571 in California is the most developed) in state court. Used in commercial mortgage foreclosure, partnership dissolution, marital dissolution, SEC enforcement, and shareholder derivative actions.

A defendant's bond to release garnished funds.

When a plaintiff has garnished the defendant's wages, bank account, or other property, the defendant may post a release-of-garnishment bond to free the funds pending trial. The bond substitutes for the garnished property as the plaintiff's security.

An action to recover possession of personal property.

The plaintiff seeks return of specific personal property allegedly wrongfully held by the defendant. Most jurisdictions require the plaintiff to post a replevin bond before the sheriff seizes the property; the defendant may post a counter-replevin bond to retain possession pending adjudication.

An admiralty bond.

In federal admiralty practice, bonds are called stipulations. Supplemental Rule E(5) governs stipulations for value — bonds released by parties whose vessel, cargo, or other maritime property has been arrested in rem.

An appellate bond that stays execution of a money judgment during appeal.

By posting surety equal to (typically) the judgment plus interest and costs, the appellant stays execution while the appellate court reviews the trial-court judgment. The principal is the appellant; the obligee is the appellee. Different states use different bond formulas — cap states impose dollar ceilings; multiplier states use a percentage of the judgment.

The party that stands behind the principal's obligation with real capital.

The surety pays the obligee up to the bond limit if the principal defaults. The surety then pursues reimbursement from the principal under the indemnity agreement. For CourtBondSurety.com bonds, the surety is Janus Assurance Re (a federally authorized carrier); Surety One, Inc. acts as MGA.

New York's probate court.

New York uses a Surrogate's Court rather than a UPC-style probate division. New York probate practice operates under the Surrogate's Court Procedure Act (SCPA) §801 et seq. — distinct from the Uniform Probate Code adopted by most other states.

Texas Rule of Appellate Procedure 24 — supersedeas in Texas appellate practice.

TRAP 24 governs the security required to suspend enforcement of a judgment pending appeal in Texas. Combined with §52.006 of the Civil Practice & Remedies Code, TRAP 24 sets the bond at the lesser of (i) the judgment amount or (ii) the lesser of half the judgment debtor's current net worth or $25 million.

A fiduciary holding property in trust for the benefit of beneficiaries.

Court-appointed trustees include trustees of testamentary trusts (created by a will), trustees of inter vivos trusts during litigation, and trustees in equity. The trustee owes the highest fiduciary duty to the beneficiaries and is typically required to post a bond unless the trust instrument waives.

ICC Uniform Customs and Practice for Documentary Credits, publication 600.

The current International Chamber of Commerce rule set governing letters of credit. CourtBondSurety.com requires all irrevocable letters of credit posted as collateral to follow UCP 600 form.

The Uniform Probate Code.

A model probate code developed by the Uniform Law Commission and adopted in some form by about 18 U.S. states. The UPC unifies the terminology of executors and administrators into 'personal representative' (§1-201), establishes informal probate procedures, and provides a uniform framework for probate bond requirements (§§3-603 to 3-605).

Uniform Transfers to Minors Act.

A uniform act adopted in every U.S. state providing a simplified mechanism for holding property for a minor beneficiary without a formal guardianship. The custodian holds the property until the minor reaches a stated age (typically 18 or 21). UTMA custodian bonds are required only in specific circumstances — state statutory thresholds, successor appointments, or interested party petitions.