Supreme Court Rules

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 76 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Executions

76.26 | Breach of Bond – Judgment

Upon breach of the condition of a bond given under this Rule 76, the obligee may file a motion in the court in which the action is pending for judgment on the bond against obligor and his sureties, or any of them. A copy of the motion, and a notice of the time and place for hearing shall be served pursuant to Rule 54 upon each person against whom a judgment on the bond is sought. Any judgment on the bond shall be for the amount of the actual damages resulting from the breach of its conditions, not to exceed the amount of the bond, together with obligee's reasonable attorneys' fees and costs.

Committee Note – 1981

This is substantially the same as prior Rule 76.59.


(Adopted June 10, 1980, effective January 1, 1981.)
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