35 Pa. Stat. § 5701.309

Current through P.A. Acts 2023-32
Section 5701.309 - Limits on supersedeas bond requirements
(a) General rule.--Except as otherwise provided in subsection (b), in civil litigation under any legal theory involving a signatory, a successor of a signatory or an affiliate of a signatory to the Master Settlement Agreement, the supersedeas bond to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable or any other form of relief in order to stay the execution thereon during the entire course of any appellate reviews shall be set in accordance with applicable laws or court rules, provided that the total supersedeas bond that is required of all appellants collectively shall not exceed $100,000,000, regardless of the value of the judgment.
(b) Exception.--Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, the court may enter an order that:
(1) Is necessary to protect the appellee.
(2) Requires the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.

35 P.S. § 5701.309

2001, June 26, P.L. 755, No. 77, § 309, added 2003, Dec. 30, P.L. 383, No. 55, § 1, imd. effective.