West Virginia supersedeas practice is governed by W. Va. R. App. P. 28 and W. Va. Code §58-5-13. West Virginia added an Intermediate Court of Appeals in 2022; most cases still proceed directly to the Supreme Court of Appeals. We write West Virginia appeal bonds in the Intermediate Court of Appeals (2022+), the Supreme Court of Appeals of WV, and the U.S. District Courts (N.D. W. Va., S.D. W. Va.).
A West Virginia 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. W. Va. R. App. P. 28 governs the procedure for staying execution by surety bond; W. Va. Code §58-5-13 provides the statutory framework.
West Virginia added an Intermediate Court of Appeals in 2022; most cases still proceed directly to the Supreme Court of Appeals.
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 circuit court clerk that entered the judgment; the bond stays execution by operation of W. Va. R. App. P. 28 once approved.
Two bodies of authority govern West Virginia supersedeas practice: W. Va. R. App. P. 28 for the procedural framework, and W. Va. Code §58-5-13 for the substantive bond requirements. We underwrite each bond to satisfy both.
West Virginia 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 West Virginia 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 circuit court clerk in the county where the judgment was entered. We deliver bonds in PDF for same-day filing; most West Virginia 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.
Send the judgment and notice of appeal. Our underwriters open the file and respond immediately, 7/52/365.