Sec. 52-186. Court may order bond. - Connecticut Statutes

      Sec. 52-186. Court may order bond. (a) If a court finds that any bond taken for prosecution in a pending action, or on appeal, is insufficient, or that the plaintiff has not given a bond for prosecution and is not able to pay the costs, it shall order a sufficient bond to be given before trial, unless the trial will thereby necessarily be delayed. In determining the sufficiency of the bond to be given, the court shall consider only the taxable costs which the plaintiff may be responsible for under section 52-257, except that in no event shall the court consider the fees or charges of expert witnesses notwithstanding that such fees or charges may be allowable under said section.

      (b) Any party failing to comply with an order of the court to give a sufficient bond may be nonsuited or defaulted, as the case may be.

      (c) Bonds for the prosecution of any civil action or appeal, pending in any court, may be taken when the court is not in session by its clerk.

      (1949 Rev., S. 7932; P.A. 82-160, S. 87; P.A. 91-158.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 91-158 amended Subsec. (a) to add provision limiting the costs which the court may consider in determining the sufficiency of the bond.

      Amount of bond is in court's discretion. 82 C. 1. Clerk may take bond for appeal, where that has been general practice of court. 84 C. 461. Cited. 113 C. 772. Cited. 131 C. 658. Bond furnished no security to one of the adverse parties, held case is not one of a bond which is merely "insufficient". 147 C. 722.

      Burden of proof is on party moving for such bond. 13 CS 13. Court cannot waive bond even in the case of an indigent person. 36 CS 37. Cited. Id., 37.