2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 900 - Court Practice and Procedure
Section 52-186 - Court may order bond.


CT Gen Stat § 52-186 (2012) What's This?

(a) The court, upon motion of the defendant or on its own motion, may order a sufficient bond to be given by the plaintiff before trial, unless the trial will thereby necessarily be delayed. In determining the sufficiency of the bond to be given, the court shall consider only the taxable costs which the plaintiff may be responsible for under section 52-257, except that in no event shall the court consider the fees or charges of expert witnesses notwithstanding that such fees or charges may be allowable under said section.

(b) Any party failing to comply with an order of the court to give a sufficient bond may be nonsuited or defaulted, as the case may be.

(c) Bonds for the prosecution of any civil action, pending in any court, may be taken when the court is not in session by its clerk.

(1949 Rev., S. 7932; P.A. 82-160, S. 87; P.A. 91-158; P.A. 10-43, S. 16.)

History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 91-158 amended Subsec. (a) to add provision limiting the costs which the court may consider in determining the sufficiency of the bond; P.A. 10-43 amended Subsec. (a) to replace provision re court shall order sufficient bond be given if it finds that any bond taken for prosecution in pending action or on appeal is insufficient or that plaintiff has not given bond for prosecution and is not able to pay costs with provision re court may order sufficient bond be given by plaintiff upon motion of defendant or on its own motion and amended Subsec. (c) to delete reference to appeal bonds.

Burden of proof is on party moving for such bond. 13 CS 13. Court cannot waive bond even in the case of an indigent person. 36 CS 37. Cited. Id., 37.

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