LRB-3108/3
MJL:kjf:pg
2003 - 2004 LEGISLATURE
October 1, 2003 - Introduced by Representatives Suder, Kreuser, Gard, Pettis, J.
Wood, Friske, Shilling, Musser, Ladwig, McCormick, Jeskewitz,
Montgomery, Kaufert, Travis, Hundertmark, Balow, Hubler, Petrowski,
Hines, Plouff, J. Fitzgerald, Gunderson, Grothman, Richards, Schneider, F.
Lasee, Sherman, Colon, Sinicki, Huebsch and Kreibich, cosponsored by
Senators Kanavas, Erpenbach, S. Fitzgerald, Schultz, M. Meyer, Plale,
Breske, Welch, Decker, Hansen, Reynolds, Leibham, Darling, Wirch, Lassa,
Stepp and Zien. Referred to Committee on Judiciary.
AB548,1,2
1An Act to create 808.07 (2m) of the statutes;
relating to: limiting the amount
2of bond set by a court in a civil action.
Analysis by the Legislative Reference Bureau
Current law allows a trial or appellate court to require an appellant in a civil
case to post bond during the pendency of an appeal. This bill limits the amount of
bond required of all appellants collectively to $100,000,000. The bill also provides
that if an appellee proves by a preponderance of the evidence that an appellant is
dissipating assets outside the ordinary course of business, a court may enter any
order necessary to protect the appellee and may require the appellant to post a bond
in an amount up to the amount of the judgment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB548, s. 1
3Section
1. 808.07 (2m) of the statutes is created to read:
AB548,1,64
808.07
(2m) Limit on undertaking. (a) During the pendency of an appeal, a
5trial court or appellate court may not require an undertaking of all appellants
6collectively that exceeds $100,000,000.
AB548,2,5
1(b) Notwithstanding par. (a), if an appellee proves by a preponderance of the
2evidence that an appellant is dissipating assets outside the ordinary course of
3business to avoid payment of a judgment, a court may enter any order necessary to
4protect the appellee and may require the appellant to post a bond in an amount not
5to exceed the amount of the judgment.
AB548,2,87
(1) This act first applies to actions commenced or pending on the effective date
8of this subsection.
