# Ala. R. App. P. 7: Rule 7. Security for costs on appeal in civil cases

> Alabama · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R7

## Section

- **Citation:** Ala. R. App. P. 7
- **Heading:** Rule 7. Security for costs on appeal in civil cases
- **Jurisdiction:** Alabama
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Rules of Court / Alabama Rules of Appellate Procedure / Ala. R. App. P. 7

## Text

Alabama Rules of Appellate Procedure

Rule 7.

Security for costs on appeal in civil cases.

Unless an appellant is exempted by law or rule, or has filed a supersedeas
bond or other undertaking which includes security for the payment of costs on
appeal, in civil cases security for costs on appeal shall be filed with the notice of
appeal by the appellant in the trial court. If appellant desires to post cash in lieu of
security for costs on appeal, application shall be made to the trial court and the
amount of cash to be posted shall be set by the trial court. Security for costs on
appeal shall be approved by the clerk of the trial court. Any cash security shall be
conditioned and deposited to secure the payment of costs if the appeal is finally
dismissed or the judgment affirmed, or of such costs as the appellate court may
direct if judgment is modified. If cash in lieu of security for costs on appeal is given,
no approval thereof is necessary. After security for costs on appeal is filed, an
appellee may raise for determination by the trial court objections to the form of the
bond or to the sufficiency of the surety. The provisions of Rule 8(b) apply to a surety
upon a bond given pursuant to this rule.

Committee Comments

Rule 7 is intended to provide a simplified method for handling security for
costs on appeal. Cash is specifically recognized in lieu of a bond, thereby
superseding the holding of Finley v. Pless, 287 Ala. 596, 253 So.2d 521.

It is intended that the security shall be deposited with the filing of the notice
of appeal, but the failure to file such security contemporaneously is not fatal to the
jurisdiction of the appellate court. The failure to file such security would be the
subject of appropriate action upon notice on motion or notice by the court itself.
See Rule 12(a) for prepayment of appellate court costs (Docket Fee)
ntended that the security shall be deposited with the filing of the notice
of appeal, but the failure to file such security contemporaneously is not fatal to the
jurisdiction of the appellate court. The failure to file such security would be the
subject of appropriate action upon notice on motion or notice by the court itself.
See Rule 12(a) for prepayment of appellate court costs (Docket Fee).

Rule 24 makes proceedings in forma pauperis applicable to civil appeals
and specifically states that no security shall be required in such appeals.

## Nearby sections

- [Ala. R. App. P. 1 Rule 1. Scope of rules](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R1.md)
- [Ala. R. App. P. 2 Rule 2. Penalties for noncompliance with these rules; suspension of rules](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R2.md)
- [Ala. R. App. P. 3 Rule 3. Appeal as of right - How taken](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R3.md)
- [Ala. R. App. P. 4 Rule 4. Appeal as of right - When taken](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R4.md)
- [Ala. R. App. P. 5 Rule 5. Appeal by permission](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R5.md)
- [Ala. R. App. P. 6 Rule 6. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R6.md)
- [Ala. R. App. P. 7 Rule 7. Security for costs on appeal in civil cases](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R7.md)
- [Ala. R. App. P. 8 Rule 8. Stay or injunction pending appeal](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R8.md)
- [Ala. R. App. P. 9 Rule 9. Release in criminal cases](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R9.md)
- [Ala. R. App. P. 10 Rule 10. The record on appeal](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R10.md)
- [Ala. R. App. P. 11 Rule 11. Completion and transmission of the record](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R11.md)
- [Ala. R. App. P. 12 Rule 12. Docketing of the appeal; docket fee; filing of the record](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R12.md)
- [Ala. R. App. P. 13 Rule 13. Transmission of original item from the trial court](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R13.md)
- [Ala. R. App. P. 14 Rule 14. Use of recording devices](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R7. Check the current official text before relying on it. Not legal advice.
