r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

taking into consideration all relevant factors, may reduce the
amount of the bond upon making specific findings justifying the
amount.
Cross reference: Rule 1-402 (d); O'Donnell v. McGann, 310 Md.
342, 529 A.2d 372 (1987).
(2) Disposition of Property
When the judgment determines the disposition of the
property in controversy (as in real actions, replevin, and
actions to foreclose mortgages,) or when the property, or the
proceeds of its sale, is in the custody of the lower court or the
sheriff, the amount of the bond shall be the sum that will secure
the amount recovered for the use and detention of the property,
interest, costs, and damages for delay.
(3) Other Cases
In any other case, the amount of the bond shall be fixed
by the lower court.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 1018 a.
Section (b) is derived from former Rule 1018 b and 1020 a.
REPORTER’S NOTE
The Rules Committee considered the request of Dennis McCoy,
Esq., that a supersedeas bond limit of $25 million be added to
the Rules to ensure that a defendant’s right to appeal is fully
protected. The Committee believes that establishment of a
supersedeas bond limit in a specific dollar amount is a matter
for the legislature to determine.
The Rules Committee recommends that Rule 8-423 be amended to
expressly provide that after taking into account all relevant
factors and upon making specific findings, a court may reduce the
amount of the supersedeas bond below the amount that would cover
the whole amount of the judgment remaining unsatisfied plus
interest and costs. The Committee considered including in the
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