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Clerk Handbooks

Supreme Court Rules




Section/Rule:

No. 32

Subject:

Forms - Rules of Criminal Procedure - Criminal Procedures Forms

Publication / Adopted Date:


Topic:

Supersedeas Bond on Appeal From Circuit Court

Revised / Effective Date:


FORM NO. 32

SUPERSEDEAS BOND ON APPEAL FROM CIRCUIT COURT

(Where it is signed by personal surety or surety company)

STATE OF MISSOURI )
) ss.
COUNTY OF ___________ )

IN THE ________________ COURT OF THE SAID COUNTY

STATE OF MISSOURI, Plaintiff, )
vs. ) No.________
____________________, Defendant. )

KNOW ALL MEN BY THESE PRESENTS, that we, __________, as principal, and _____________, as surety, whose address is __________________________________________________________________, do acknowledge ourselves to owe and to be held and firmly bound unto the State of Missouri in the full penal sum of $____________, for the payment of which we bind ourselves, our heirs, executors, administrators and assigns, to be levied of our goods and chattels, lands and tenements and unto the said State rendered upon this condition, to-wit:

THAT WHEREAS, the above bounden, _____________, defendant-appellant herein, has been convicted in this court of the offense of ___________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________, a ______________, AND HAS been sentenced upon such conviction to ________________________________ and has appealed from said conviction to the _______________ Court _________________________;

NOW, THEREFORE, if he, the said defendant, does render himself in execution and does obey every order and judgment of the said appellate court, or any other appellate court to which said appeal may be transferred, and every order and judgment of this court entered at the direction and upon the mandate of the said appellate court or courts, then this bond shall be null, void, and of no effect, otherwise in full force and effect in accordance with law, and all the sureties hereon hereby submit themselves to the jurisdiction of the said appellate court or courts and of this court and hereby irrevocably appoint the clerk of this court and the clerk of said appellate court or courts as their agents for the purpose of receiving for them the service of any notices, motions, pleadings or process in connection with the forfeiture of this bond.

IN WITNESS WHEREOF, the parties aforesaid have set their hands on this ____ day of _____________, 19___
_______________________________
_______________________________
_______________________________

Approved this _____ day of _____________, 19___..

_______________________________
Clerk/Judge of ________ Court

This bond is recorded in Book ____ at Page ___ and the sureties thereunder have qualified by affidavit of qualification recorded in Book ____ at Page ___.

Where bond is signed by a surety company, the agent of the company should attach his power of attorney.