Certiorari Bonds are a type of appeal bond and fall in the category of surety bonds. They are also referred to as a Writ of Certiorari. They are used in worker’s compensation appeal cases in Illinois where the worker has been awarded a claim and the employer wishes to appeal the court’s decision.
The employer must obtain a Certiorari Bond in order to prove they will pay the judgement amount and any fees associated with the appeal should they lose their case.
In the event that an employer wishes to pursue an appeal, the application must be submitted to the Illinois court within 20 days. The Certiorari Bond must be submitted within that time frame as well for the application to be complete again, within 20 days.
In order for the Certiorari Bond to be accepted by the court, it must have the proper signature. The proper signature is a representative with a C-Level or officer title attached to the company that is making the appeal.
When obtaining a Certiorari Bond it is important to ensure:
- Filing is done within the allotted 20 number of days
- The Surety Bond provider is approved by the court handling your filing
- The individual signing the bond is the employer
- The amount for the Certiorari Bond is the amount designated by the court
- The Surety bond must be filed in order to receive the appeal
The bond amount will range from $1,000 to a maximum of $75,000.
Disclaimer: This information is intended to help individuals, but it should not be construed as legal advice. As with any public policy, there are a number of issues that the law and rules do not address, and law is always subject to change and interpretation. Madden & Bergstrom cannot offer legal advice or offer advisory opinions.