(a)Cost Bonds. Unless excused by the county or circuit court by the making of an affidavit of poverty like that specified in Mississippi Code Section 99-35-7, every defendant who appeals under this rule shall post a cash deposit, or bond with sufficient resident sureties (or licensed guaranty companies) to be approved by the circuit clerk, for all estimated court costs incurred both in the appellate and lower courts (including, but not limited to, fees, court costs, and amounts imposed pursuant to statute). The amount of such cash deposit or bond shall be determined by the judge of the lower court, payable to the State in an amount of not less than One Hundred Dollars ($100.00) nor more than Twenty-Five Hundred Dollars ($2,500.00). Upon a bond forfeiture, the costs of the lower court shall be recovered after the costs of the appellate court.(b)Dismissal for Noncompliance. A defendant's failure to comply with Rule 29.3(a) shall be grounds for the court, on its own motion or on motion of a party, to dismiss the appeal, with costs. The county or circuit court shall promptly notify the lower court of any such dismissal.Comment
Rule 29.3(a) is derived from former Rule 12.02 (B.)(2.) of the Uniform Rules of Circuit and County Court. See also Miss. Code Ann. § 99-35-1 ("Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal"). The purpose of the cost bond is to cover all estimated court costs, broadly defined, in both the trial and appellate court. Posting the cash deposit or bond stays execution of the judgment imposed by the lower court as it relates to fees, court costs, and amounts imposed pursuant to statute. Section (b) is taken directly from former Rule 12.02 (A.)(1.) of the Uniform Rules of Circuit and County Court. Section (b) further provides that the lower court be promptly notified of the dismissal, so that execution of its judgment may proceed.