§ 25-2730.Appeal; operate as supersedeas; when; bond; criminal cases; appeal; effect.

Filing a notice of appeal does not automatically stop the other side from enforcing a county court judgment. Section 25-2730 explains what an appellant has to do to get that protection, called a supersedeas, and the answer depends on the kind of case.

In a case involving a money judgment or a judgment for possession of specific personal property, no appeal operates as a supersedeas unless the appellant deposits a cash bond or an approved undertaking within thirty days after entry of the judgment. For a money judgment, the bond covers the judgment amount, costs, and estimated interest during the appeal, conditioned on the appellant paying the judgment, interest, and costs if the appeal fails. For a judgment involving specific personal property, the bond must be at least double the property’s value, conditioned on paying costs and damages and delivering the property according to the outcome on appeal. Forcible entry and detainer appeals follow their own bond requirement under section 25-21,234, and appeals under the Uniform Residential Landlord and Tenant Act follow the bond requirement in section 76-1447 to stay a writ of restitution.

Criminal appeals work differently. Execution of a judgment and sentence, other than a period of confinement, is suspended automatically during the appeal. A confinement sentence is suspended only if the county court, in its discretion, lets the defendant remain at liberty under existing bail, or the defendant enters a written recognizance to the State of Nebraska — with approved surety or a cash bond — conditioned on prosecuting the appeal without delay and abiding by the district court’s eventual judgment and sentence. The county court fixes a reasonable amount for that recognizance or bond once the notice of appeal is filed, and a cash bond is returned once its conditions are fulfilled.

Outside these categories, perfecting an appeal does not stay the proceedings at all. But the district court retains ongoing control over any bond or stay throughout the appeal: on motion, after notice and hearing, and on terms justice requires, it may stay an appealed order or judgment, require a renewed or additional surety, or increase or decrease the amount of an undertaking or recognizance, with the clerk certifying that action back to the county court.