Meaning & use
supersedeas
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Meanings
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.
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.
Practice
Which sentence uses 'supersedeas' correctly?
Choose one answer.
'Supersedeas' is a noun for a court order that suspends enforcement, so it fits 'issued a supersedeas to pause enforcement'. Option A needs the verb 'supersede', and options C and D use the word as if it were a verb or a sales contract.
Make it your own
Write a sentence using “supersedeas”, then check it and compare it with the examples above.