SB 335

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AN ACT

RELATING TO COURTS; ESTABLISHING A MAXIMUM BOND AMOUNT ON

SUPERSEDEAS BONDS REQUIRED OF SIGNATORIES OF THE TOBACCO

MASTER SETTLEMENT AGREEMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 39-3-22 NMSA 1978 (being Laws 1917,

Chapter 43, Section 17, as amended) is amended to read:

"39-3-22. SUPERSEDEAS AND STAY IN CIVIL ACTIONS.--

A. There shall be no supersedeas or stay of

execution upon any final judgment or decision of the district

court in any civil action in which an appeal has been taken

or a writ of error sued out unless the appellant or plaintiff

in error, or some responsible person for the appellant or

plaintiff in error, within sixty days from the entry of the

judgment or decision, executes a bond to the adverse party in

double the amount of the judgment complained of, with

sufficient sureties, and approved by the clerk of the

district court in case of appeals or by the clerk of the

supreme court in case of writ of error. The bond shall be

conditioned for the payment of the judgment and all costs

that may be finally adjudged against the appellant or

plaintiff in error if the appeal or writ of error is

dismissed or the judgment or decision of the district court

is affirmed. The district court, for good cause shown, may

SB 335

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grant the appellant not to exceed thirty days' additional

time within which to file the bond, and a like extension of

time may be granted by the supreme court in cases of writs of

error upon a like showing.

B. If the decision appealed from, or from which a

writ of error is sued out, is for a recovery other than a

fixed amount of money, the amount of the bond, if any, shall

be fixed by the district court if an appeal is taken or, in

case of a writ of error, by the chief justice or any justice

of the supreme court, conditioned that the appellant or

plaintiff in error shall prosecute the appeal or writ of

error with diligence and that if the decision of the district

court is affirmed or the appeal or writ of error is

dismissed, the appellant or plaintiff in error will comply

with the judgment of the district court and pay all damages

and costs finally adjudged against the appellant or plaintiff

in error in the district court and in the supreme court or

court of appeals on the appeal or writ of error, including

any legal damages caused by taking the appeal, whether the

damages are assessed upon motion in the cause or in a civil

action on the bond.

C. In any civil action involving a signatory, a

successor of a signatory or any affiliate of a signatory to

the master settlement agreement, as defined in Subsection E

of Section 6-4-12 NMSA 1978, the supersedeas bond required of

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all appellants collectively in order to stay the execution of

a judgment during the entire course of appellate review shall

not exceed one hundred million dollars ($100,000,000),

regardless of the amount of the judgment.

D. Upon approval of a bond provided for in this

section and upon filing the bond, in case of appeal with the

clerk of the district court and in case of writ of error with

the clerk of the supreme court, there shall be a stay of

proceedings in the action until the appeal or writ of error

is finally determined.

E. In all cases where an appeal has been taken or

a writ of error sued out against any interlocutory judgment,

order or decision of the district court, from any final order

affecting a substantial right made after entry of a final

judgment or from any proceeding or conviction of civil

contempt, supersedeas may be granted under the provisions of

this section, but the bond shall be filed within thirty days

from the entry of such judgment, order, decision or

conviction and no extension of time for the filing of the

bond shall be granted in excess of ten days.

F. Any supersedeas granted under this section in

any matter appealed to the supreme court or court of appeals

shall automatically continue in effect pending any action or

further review that may be taken in the supreme court or

court of appeals."