2005 Idaho Code - 13-202 — STAY OF PROCEEDINGS PENDING APPEAL

                                  TITLE  13
                           APPEALS IN CIVIL ACTIONS
                                  CHAPTER 2
                APPEALS TO SUPREME COURT FROM DISTRICT COURTS
    13-202.  STAY OF PROCEEDINGS PENDING APPEAL. (1) Upon and after an appeal
of a judgment or order of the district court in a civil action, the judgment
or order appealed from, or any other order or proceeding in the action may be
stayed by the district court or the supreme court as provided by rule of the
supreme court.
    (2)  If a plaintiff in a civil action obtains a judgment for punitive
damages, the supersedeas bond or cash deposit requirements shall be waived as
to that portion of the punitive damages that exceeds one million dollars
($1,000,000) if the party or parties found liable seek a stay of enforcement
of the judgment during the appeal.
    (3)  If the plaintiff proves by a preponderance of the evidence that a
party bringing an appeal, for whom the supersedeas bond or cash deposit
requirement has been waived, is purposefully dissipating its assets or
diverting assets outside the jurisdiction of the United States courts, waiver
may be rescinded and the bond or cash deposit requirements may be reinstated
for the full amount of the judgment.
    (4)  The supersedeas bond or cash deposit requirements may also be waived
in any action for good cause shown as provided by rule of the supreme court.

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