Supreme Court Rules - Rule 77 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts

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Supreme Court Rules

		Section/Rule:	77.02
Subject:	Rule 77 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Costs	Publication / Adopted Date:	June 5, 1980
Topic:	Security for Costs	Revised / Effective Date:	January 1, 1981

77.02. Security for Costs

The court may require a party to furnish adequate security for anticipated costs. If the security for costs is not furnished as ordered, the court may dismiss the civil action or order other appropriate relief.

(Adopted June 5, 1980, eff. Jan. 1, 1981.)

Committee Note - 1981

The source is prior Rules

77.01

and 77.02.

The references to certain types of actions in which security for costs is required have been deleted because the type of action might be a factor to be considered by the court in exercising its discretion to require security for costs but it should not be the sole determining factor.

The reference to nonresidence of a plaintiff was deleted because it is just one of the factors to be considered by the court in ordering that security for costs be given. It should not be required that a nonresident receive different treatment than a resident when bringing a suit in the courts of this state.