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Section 52-185 – Bond or recognizance for prosecution

May 11, 2021 | Civil Procedure, Connecticut

(a) No bond or recognizance for prosecution is required from a party in any civil action unless the judicial authority, upon motion and for good cause shown, finds that a party is not able to pay the costs of the action and orders that the party give a sufficient bond or enter into a recognizance to an adverse party with a financially responsible person to pay taxable costs. In determining the sufficiency of the bond or recognizance, the judicial authority shall consider only the taxable costs which the party may be responsible for under section 52-257, except that in no event shall the judicial authority consider the fees or charges of expert witnesses notwithstanding that such fees or charges may be allowable under said section.
(b) The recognizance may be taken in the following form:

You, C.S., as principal, and E.C., as surety, acknowledge yourselves jointly and severally bound to J.L., in a recognizance (or, as the case may be, You, E.C., acknowledge yourself bound to J.L., in a recognizance) of …. dollars, that C.S. shall prosecute the action which he has now commenced against J.L. at the Superior court to be held at H. in and for the judicial district of H., on the …. Tuesday of …., 20.. to full effect, and that he shall pay any costs for which judgment may be rendered against him thereon.

Taken and acknowledged at H. on the …. day of …., 20.., before me, J.W., Commissioner of the Superior Court.

(c) If a bond or recognizance is required on any writ of summons or attachment, it may be noted in the writ in the following manner:

E.C. of …. is recognized in $…. to prosecute, etc. (or words to that effect).

(d) Any party failing to comply with an order of the judicial authority to give sufficient bond or recognizance may be nonsuited or defaulted.

Conn. Gen. Stat. ยง 52-185

(1949 Rev., S. 7931; 1961, P.A. 517, S. 43; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 86; P.A. 05-152, S. 6; P.A. 15-85, S. 14.)

Amended by P.A. 15-0085, S. 14 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.

The person serving the writ may give bond. 1 R. 356. Liability of bondsman continues until final termination of the litigation. 7 C. 435. Death of plaintiff discharges bond. 9 C. 238. Liability of surety on bond. 14 C. 329; 30 C. 143, 144. The want of a bond is only matter of abatement. 16 C. 574. Is in itself a complete record, imports verity and is conclusive evidence of its own truth. 28 C. 534; 48 C. 380. Bond may be written out in full after suit is brought upon it. Id., 381. If nonresident plaintiff fails to give bond, the defect cannot be made good by bond afterward given in court. 51 C. 327. Ordinary bond for costs not required where replevin bond is given. 54 C. 48. Bond for costs not essential on application for an alternative writ of mandamus; failure to give bond waived by appearance. 67 C. 365, 366. Bond of surety company may be accepted. 70 C. 558. Bondsman’s undertaking is that of surety, although plaintiff is not formally joined as principal. Id., 559, 560. Bond of $140 to answer all damages, etc., held sufficient; memorandum de bond at foot of injunction writ, held a compliance with statute. 73 Conn. 541. Mistake in memo. 74 C. 170. Of practice in general; applies to writ of error; effect of noting bond under section. 75 C. 652. Taking is ministerial act. 77 Conn. 184. Discretion of court as to amount. 82 C. 1. When statute applies to mandamus. 90 Conn. 639; 91 C. 114. Temporary residence in another state does not make one a nonresident. 92 C. 345. Statute applies only to process in actions in which costs are taxable; not to habeas corpus. 113 C. 739. Cited. Id., 772; 166 C. 174; 173 Conn. 408; 191 Conn. 201. Trial court is authorized to exercise its discretion to waive recognizance bond requirement outright or to significantly reduce the amount of the bond for an indigent inmate upon a proper showing of the inmate’s indigency and inability to find another financially responsible person willing to enter into a recognizance bond on his or her behalf. 163 Conn.App. 337; judgment affirmed on alternate grounds, see 328 Conn. 248. History and review of section. 3 CS 434. Recognizance or certificate of financial responsibility is a condition precedent to validity of writ. 4 CS 279. Cited. 6 Conn.Supp. 156. Applicability in divorce actions. 7 CS 88. Cited. 8 Conn.Supp. 398. Meaning of “substantial” discussed. 13 CS 13. Cited. Id., 441. Court cannot waive bond even in the case of an indigent plaintiff. 36 CS 37. Where addresses of two of three plaintiffs were lacking, but subscribing authority certified as to plaintiff’s financial responsibility, plea in abatement by defendant upon grounds the two plaintiffs might be nonresidents was overruled. 5 Conn. Cir. Ct. 235.