A "litigation bond" would appear to mean, "any judicial surety bond obligation which enables a party to commence a litigation". It is in reality the synonym of 'court cost bond'. A plaintiff with a legitimate cause of action (non-vexatious) is generally not burdened with financial assurance requirements in order to avail him or herself of the right due process in civil courts. There are a few jurisdictions however that do require even good faith plaintiffs to file a litigation bond. These are a few, but not all state systems that often do.
Pursuant to the California Codeof Civil Procedure (CCP §1030), when a civil action has been commenced in California and the plaintiff is a non-resident, then the defendant may at any time move the court for an order requiring the plaintiff to file a California non-resident cost bond to secure an award of costs and attorney's fees which may be awarded in the action.
Pursuant to Colorado Revised Statutes Title 13 (§13-16-101). Non-resident plaintiffs in civil cases must generally file a Colorado cost bond in order to prosecute an action against a Colorado resident defendant. In those cases in law and equity where the plaintiff is not a resident of this state, upon motion of the defendant or any officer of the court pursuant to Section 13-16-102 , the court may require plaintiff to offer an instrument in writing for the payment of costs of suit (Colorado cost bond).
Pursuant to Title 13 (RS:13:1215), A defendant may move the court holding jurisdiction to require the plaintiff to give a cost bond in an amount fixed by the court, to secure the repayment on the final termination of the cause of all costs expended by the defendant therein. The court shall fix the delay within which such bond for costs must be filed. Failure to file, within such delay operates as a dismissal of the case.
Pursuant to NRS 18.130, if plaintiff in a civil case resides out of state or is a foreign corporation, a litigation bond for the costs and charges which may be awarded against the plaintiff may be required by the defendant. The litigation bond may not exceed the sum of five hundred dollars ($500). There is an exception in cases with a diversity of plaintiffs where at least one member is a resident of or a business entity domiciled in Nevada. "If there are several plaintiffs in one action, one of whom is a resident, the rule requiring security for costs from nonresidents does not apply."
Although the term "litigation bond" is generally assumed to be a surety bond required of a litigant in order to commence and action, it is also sometimes used as a generic description of one of the following judicial bond classes. We offer them all.
Litigation bond underwriting is best accomplished by a judicial bond specialist with knowledge of this class of surety bond and with experience with court cost bond terms. Surety bond leader, Surety One, Inc., specializes in judicial bonds. For small bonds, an application and copy of the civil complaint is all that is needed to receive a court cost bond quote. For larger bond penalties, your submission is reviewed and responded to within one hour of receipt. We are the MOST RESPONSIVE surety bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a litigation bond application or for any court bond need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.