Federally authorized surety in every U.S. court — state, federal, admiralty, administrative
MGA for Federally Authorized Surety Companies — North Dakota Practice

The North Dakota supersedeas bond. Stays the execution.

North Dakota supersedeas practice is governed by N.D. R. App. P. 8 and N.D. Cent. Code §28-21-25. North Dakota has a single-tier appellate system; appeals run directly to the ND Supreme Court. We write North Dakota appeal bonds in the (direct to North Dakota Supreme Court), the North Dakota Supreme Court, and the U.S. District Courts (D.N.D.).

Bond Penalty
Judgment + interest + costs
Statutory Cap
No statutory cap
Filing
District Court clerk
Turnaround
Same-day issuance

What a North Dakota appeal bond actually does.

A North Dakota judgment carries immediate collection consequences. Without a supersedeas bond, the prevailing party can begin enforcement the day the judgment is entered — garnishments, abstracts of judgment, executions on personal property. N.D. R. App. P. 8 governs the procedure for staying execution by surety bond; N.D. Cent. Code §28-21-25 provides the statutory framework.

North Dakota has a single-tier appellate system; appeals run directly to the ND Supreme Court.

The bond is the three-party agreement standard to all surety practice: the appellant as principal, the appellee as obligee, and Surety One as the surety standing behind the promise with real capital. Filing is with the district court clerk that entered the judgment; the bond stays execution by operation of N.D. R. App. P. 8 once approved.

The rules we underwrite to.

Two bodies of authority govern North Dakota supersedeas practice: N.D. R. App. P. 8 for the procedural framework, and N.D. Cent. Code §28-21-25 for the substantive bond requirements. We underwrite each bond to satisfy both.

Controlling Authorities
N.D.
N.D. R. App. P. 8 — North Dakota rule on supersedeas / stay pending appeal
N.D.
N.D. Cent. Code §28-21-25 — North Dakota statutory framework for appeal bonds
FRCP
FRCP 62 — Federal stay procedure (for U.S. District Court appeals from North Dakota)
FRAP
FRAP 7 — Federal cost bond on appeal (applicable to federal appeals from North Dakota)

How a North Dakota appeal bond gets issued.

North Dakota supersedeas bonds are collateral-typical. Full collateral equal to the bond amount is the standard requirement, accepted in three forms: cash held in escrow by Surety One, an irrevocable letter of credit from a federally insured bank, or U.S. Treasury securities pledged with an CUSIP custody arrangement. We do not accept real estate as collateral.

Non-collateralized North Dakota supersedeas bonds are available through our non-standard program for applicants with substantial unencumbered net worth and strong liquid position. Audited financials, three years of tax returns, personal financial statements for principals, and confirmation of no pending claims are required for non-collateralized placement.

Filing is with the district court clerk in the county where the judgment was entered. We deliver bonds in PDF for same-day filing; most North Dakota courts accept e-filed bonds through their statewide e-filing systems.

Three documents start every file: the final judgment, the notice of appeal, and a financial statement appropriate to the bond size. Our underwriting desk responds within four business hours; same-day issuance is standard for qualified, collateralized files.

North Dakota-specific questions.

What's the bond formula for North Dakota supersedeas?
Judgment + interest + costs. North Dakota has a single-tier appellate system; appeals run directly to the ND Supreme Court.
Where do I file in North Dakota?
With the district court clerk in the county where the judgment was entered. Per N.D. R. App. P. 8, the trial court has initial jurisdiction over bond approval; appellate review of the bond decision is available where state procedure permits.
Does North Dakota have an automatic stay on appeal?
Most states require a posted supersedeas bond to stay execution; North Dakota follows that pattern unless the appellant qualifies for a statutory exemption. Without the bond, the judgment creditor can begin enforcement immediately after entry.
How long does the North Dakota appeal process take?
Civil appeals to the (direct to North Dakota Supreme Court) typically take 9-18 months from notice of appeal to disposition. Cases proceeding to the North Dakota Supreme Court may run longer. The bond premium renews annually for the duration of the appeal.
Can I appeal without posting a supersedeas bond?
Yes. The notice of appeal can be filed without a bond, but execution is not stayed. The judgment creditor can begin collection immediately. Indigent appellants may seek relief under North Dakota's in forma pauperis rule.
Are North Dakota supersedeas bonds different from federal appeal bonds?
Yes. Federal appeals from the U.S. District Courts in North Dakota are governed by FRCP 62 and FRAP 7 — not North Dakota state rules. The bond amounts, caps, and procedures differ. We write under both regimes.

Related supersedeas practice.

In North Dakota
Other bonds in this state.
North Dakota Mechanic's Lien Release North Dakota Probate
Neighboring states
Adjacent supersedeas practice.
Minnesota Montana South Dakota

Further reading on the Surety One blog

↗ suretyone.com/blog

Need a North Dakota appeal bond?

Send the judgment and notice of appeal. Our underwriters open the file and respond immediately, 7/52/365.