Washington Appeal Bond (Supersedeas Bond) Guide

If you’ve lost a civil case in Washington and are considering an appeal, one of the most important questions is whether the judgment can be enforced while the appeal is pending.

 

In many cases, the answer is yes,unless you take action.

 

That’s where a Washington appeal bond, more commonly referred to as a supersedeas bond, comes into play.

 

This page is written for both attorneys and non-attorneys. If you’re a business owner or individual trying to understand the basics, we’ll start simple. If you’re an attorney looking for Washington-specific rules and strategy, we’ll build into that next.

What is a Washington Appeal Bond?

A Washington appeal bond is a type of surety bond that allows the appellant (the party appealing the case) to pause enforcement of a judgment while the appeal is ongoing.

 

Without a bond (or other approved security), the prevailing party may begin collection efforts even if the appeal has already been filed.

 

Key takeaway:

Filing an appeal does NOT automatically stop collection.

 

Washington provides only a short automatic stay under Civil Rule 62. After that window expires, a supersedeas bond or other approved security is typically required to maintain the status quo.

How Much is a Washington Appeal Bond?

This is where Washington differs from many other states.

 

Unlike states that use a flat percentage (like 120% or 150% of the judgment), Washington uses a more case-specific approach.

 

Under Washington appellate rules, the bond amount is generally:

• The full amount of the judgment, plus
• Estimated interest during the appeal, plus
• Likely attorney fees, costs, and expenses on appeal

Example:

• Judgment: $500,000
• Estimated interest + fees + costs: $50,000
• Estimated bond requirement: ~$550,000

This structure makes Washington more nuanced, and often requires coordination between counsel and the surety provider.

What Does a Washington Appeal Bond Cost?

For most applicants:

• Typical premium: ~1% of the bond amount
• Additional cost: Sometimes a small broker fee depending on the file
• Collateral: Appeal bonds are typically fully collateralized

Example:

• $500,000 bond → ~$5,000 premium (plus potential nominal fee)

Can You Use Cash Instead of a Bond?

Yes, but it’s not your only option.

Washington allows:

• Surety bonds (most common)
• Cash deposits
• Alternate security approved by the court

In many cases, a surety bond is preferred because it allows the appellant to avoid tying up large amounts of cash.

Where is the Bond Filed?

In Washington, the supersedeas bond is typically filed in the trial court, not the appellate court.

This is an important procedural detail. Even though the appeal is handled at the appellate level, the stay of enforcement is usually handled at the trial court level.

What If the Judgment is Not Just for Money?

This is where Washington becomes more technical and more interesting for attorneys.

Washington distinguishes between:

1. Money Judgments

• Typically stayed with a bond covering judgment + interest + fees

2. Property-Related Decisions

• Bond amount may include:
  • Loss of use of property
  • Rental value or economic impact during appeal

3. Other Civil / Equitable Orders

• Stay is discretionary
• Courts weigh:
  • Likelihood of success on appeal
  • Harm to both parties

This is a key strategic area in Washington appeal practice.

Washington-Specific Attorney Insights

Here are the practical points that actually matter:

1. Bond Amount Includes Appellate Fees

If the underlying contract or statute allows attorney fees, those should be factored into the bond amount, not just the judgment.

2. Partial Stays Are Allowed

You can structure a bond to stay only part of a judgment, depending on strategy.

3. Alternate Security is Flexible

Washington courts may approve creative or structured security arrangements beyond a traditional bond.

4. Objections Move Quickly

• Opposing party can object within 7 days
• Deficiencies must be cured within 7 days after ruling

Timing mistakes here can be costly.

5. Courts Can Modify the Bond

The trial court retains authority to:

• Increase or decrease the bond
• Require additional security
• Discharge or modify existing security

What About Washington Statutes?

Washington law (RCW 6.17.040) provides additional stay provisions and references bonds in certain scenarios.

However, in practice, most appeal bond strategy is driven by:

• Washington Rules of Appellate Procedure (RAP 8.1)
• Civil Rule 62

Attorneys should review both the statutes and court rules together, rather than relying on a single formula.

How Long Does It Take to Get a Washington Appeal Bond?

Most appeal bonds are completed in:

• 1 to 4 business days

Timing depends on:

• Bond size
• Financial review
• Collateral structure
• Responsiveness of the parties

Larger or more complex cases may take longer.

How We Help

At Surety Bond Authority, we focus on making the Washington appeal bond process straightforward:

• Fast turnaround (often same-day or next-day approvals)
• Clear underwriting guidance
• Experience working directly with attorneys
• Bond forms that meet Washington court requirements

We understand that appeal timelines are tight, and mistakes are expensive. Get your FREE quote here today!

Frequently Asked Questions

Do I always need an appeal bond in Washington?

No, but if you want to stop collection activity, you typically need a bond or approved security.

Is the bond always a fixed percentage?

No. Washington uses a custom calculation, not a flat percentage.

Can I avoid posting collateral?

In most cases, no. Appeal bonds are typically fully collateralized due to the risk involved.

Can the bond amount change?

Yes. The court can modify the amount or require additional security.

What happens if I don’t get the bond in place?

The judgment creditor may begin collection efforts even while your appeal is pending.

Final Thoughts

Washington appeal bonds are more nuanced than in many other states. There is no simple “150% rule.” Instead, the bond is tailored to the actual exposure during the appeal, including interest and potential appellate fees.

 

That makes early planning critical. If you’re considering an appeal in Washington, the bond strategy should be part of your plan from day one, not something handled at the last minute.