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Supreme Court Rules

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		Section/Rule:	85.08
Subject:	Rule 85 - Rules of Civil Procedure - Rules Relating to Special Actions - Attachments	Publication / Adopted Date:	June 10, 1980
Topic:	Claimant to Furnish Bond - Exception - Conditions of Bond	Revised / Effective Date:	January 1, 1994

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85.08. Claimant to Furnish Bond - Exception - Conditions of Bond

(a) Claimant to Furnish Bond. The claimant shall file a sufficient bond, approved by the court, executed by the claimant as principal and one or more sufficient sureties to the effect that they are bound to the State of Missouri in an amount set by the court but not exceeding double the amount claimed.

(b) Conditions of Bond. The conditions of the bond shall be that the claimant shall:

(1) Prosecute all claims without delay and with effect;

(2) Refund all sums of money that may be adjudged to be refunded to the owner of the property or found to have been received by the claimant and not justly due;

(3) Pay all damages and costs that may accrue to the owner of the property, any garnishee or interpleader by reason of the attachment, or any process or proceeding in the action, or by reason of any judgment or process thereon; and

(4) Pay all damages and costs that may accrue to any sheriff or other officer by reason of acting under the writ of attachment, following the instructions of the claimant.

(c) When No Bond Required. If the State or a county is a claimant in its own behalf no bond shall be required.

(Adopted June 10, 1980, eff. Jan. 1, 1981. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1981

This is new.
Compare: Prior Rules 85.04, 85.06, 85.07 and 85.08.