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S. B. No. 2737 *SS26/R1181* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins
SENATE BILL NO. 2737
AN ACT TO AMEND SECTION 11-51-31, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE AN APPEAL BOND FOR ANY NONMONETARY JUDGMENT FOLLOWING 2
AN EVIDENTIARY HEARING IN WHICH THE MOVANT PROVES BY A 3
PREPONDERANCE OF THE EVIDENCE THE ESTIMATED MONETARY INJURY THAT 4
WOULD BE INCURRED DURING THE PENDENCY OF THE APPEAL, IN THE AMOUNT 5
OF THE ESTIMATED MONETARY INJURY, BUT NOT TO EXCEED 50% OF THE NET 6
WORTH OF THE APPELLANT, AND IN NO EVENT TO EXCEED A CERTAIN SUM; 7
AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 11-51-31, Mississippi Code of 1972, is 10
amended as follows: 11
11-51-31. (1) A supersedeas shall not be granted in any 12
case pending before the Supreme Court, unless the party applying 13
for it shall give bond as required by the Rules of the Supreme 14
Court. 15
(2) In civil litigation under any legal theory, the appeal 16
bond to be furnished during the pendency of all appeals or 17
discretionary reviews by any appellate courts in order to stay the 18
execution of any judgment granting legal, equitable, or other 19
relief during the entire course of appellate review shall be set 20
in accordance with applicable laws or court rules, except that the 21
S. B. No. 2737 *SS26/R1181* ~ OFFICIAL ~
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total appeal bond or other forms of security that are required of 22
an appellant shall be set as follows: 23
(a) For any monetary judgment, in the amount of the 24
judgment, but not to exceed fifty percent (50%) of the net worth 25
of the appellant, and in no event shall the appeal bond exceed 26
Thirty-five Million Dollars ($35,000,000.00) * * *; or 27
(b) For any nonmonetary judgment, following an 28
evidentiary hearing in which the movant proves by a preponderance 29
of the evidence the estimated monetary injury that would be 30
incurred during the pendency of the appeal, in the amount of the 31
estimated monetary injury, but not to exceed fifty percent (50%) 32
of the net worth of the appellant, and in no event shall the 33
appeal bond exceed Thirty-five Million Dollars ($35,000,000.00). 34
(3) Notwithstanding subsection (2) of this section, if an 35
appellee proves by a preponderance of the evidence that an 36
appellant is dissipating assets outside the ordinary course of 37
business to avoid payment of a judgment, a court may enter orders 38
that: 39
(a) Are necessary to protect the appellee; and 40
(b) Require the appellant to post a bond in an amount 41
up to the total amount of the judgment. 42
(4) In this section: 43
(a) "Civil litigation" includes, without limitation, 44
cases involving individual, aggregated, class action, or otherwise 45
joined claims. 46
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ST: Appeal bond for nonmonetary judgment;
authorize for estimated monetary injury that
would be incurred following a hearing.
(b) "Legal, equitable, or other relief" means all forms 47
of relief including, without limitation, compensatory, special, 48
punitive, exemplary or other damages, injunctive relief, or any 49
other form of relief. 50
(c) "Dissipation of assets" shall not include 51
expenditures, including payments to the owners of a business, of a 52
kind that the appellant made in the regular course of business 53
prior to entry of the judgment being appealed. 54
(5) The provisions of this section shall apply to all 55
judgments entered on or after July 1, 2016, regardless of the date 56
the civil litigation was filed. 57
SECTION 2. This act shall take effect and be in force from 58
and after July 1, 2026. 59