Meaning & use

supersedeas

noun·Advancedlegallawformal

Last updated

UK/ˌsuːpəˈsiːdiæs/
US/ˌsuːpərˈsiːdiæs/

Meanings

  1. nouncountablelegallawformal

    A written court order that temporarily stops a lower court's ruling or another official action from taking effect while it is challenged.

    Grammar: Countable but almost always used in the singular with 'a' or 'the': the judge issued a supersedeas.

    Patterns

    • grant a supersedeas
    • issue a supersedeas
    • a supersedeas order
    • seek a supersedeas

    The appeals court granted a supersedeas, so the fine does not have to be paid while the case continues.

    Her lawyers filed for a supersedeas to keep the eviction on hold until the review is finished.

    Without a supersedeas, the agency's decision takes effect immediately.

  2. noununcountablelegallawformal

    The legal procedure or writ by which an appellate court puts a challenged judgment on hold.

    Grammar: Used as a mass noun for the procedure itself, often in the phrase 'a writ of supersedeas'.

    Patterns

    • a writ of supersedeas
    • the remedy of supersedeas

    The opinion discusses when a writ of supersedeas is available in civil appeals.

    He studied the history of supersedeas in federal practice.

Common combinations

grant a supersedeas
The panel agreed to grant a supersedeas while it reviews the record.
a writ of supersedeas
They asked the higher court for a writ of supersedeas.
supersedeas bond
The company posted a supersedeas bond so it could appeal without paying at once.
seek a supersedeas
The losing party will seek a supersedeas to delay enforcement.
lift a supersedeas
The court lifted the supersedeas once the appeal was decided.

Synonyms and how they differ

stay
'Stay' is the everyday legal word for pausing a proceeding and is far more common; 'supersedeas' is the older, more technical term for the same kind of relief.
injunction
An injunction orders someone to do or stop doing something, while a supersedeas specifically suspends an earlier court ruling during an appeal.
suspension
This is a general word for stopping something for a time; it lacks the precise court-procedure meaning of 'supersedeas'.

Word family

supersede verb
To replace something older or take its place, especially a rule or an earlier version.

Commonly confused: supersedeas or supersede?

supersedeas vs supersede

'Supersede' is the common verb meaning 'replace'; 'supersedeas' is a rare noun naming a court order that suspends a ruling.

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