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Court Rule

N217C Security for Costs from Non-Resident


(a) Rule for Costs. Where the plaintiff resides out of the state at the time suit is brought, or subsequently removes there from, the defendant on affidavit of a just defense to the whole demand, may have a rule of course on the plaintiff to enter security for costs within thirty (30) days after notice of the rule, or show cause to the contrary, and in the meantime the proceedings shall stay; in default of compliance with this rule, judgment of non pros may be entered.
(b) Security After Issue Joined. No rule for security for costs shall be granted after issue joined unless the defendant supports his application with an affidavit that he was not appraised of the fact of plaintiff's nonresidence until after he had taken the last previous step in the action.
(c) Discharge of Rule. The rule will be discharged if the plaintiff satisfactorily shows by affidavit a good cause of action, stating the grounds and particulars of his claim, and that he has not the means to comply with the order if made and that the same would be equivalent to a denial of justice.
(d) Additional Security. If the security becomes insolvent or insufficient before the determination of the cause, the defendant may compel the plaintiff, in the same manner as herein before stated, to give other or additional security.
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Created at 1/29/2016 8:44 AM by Vitek Gajewski
Last modified at 1/29/2016 8:44 AM by Vitek Gajewski
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