Sec. 52-185. Bond or recognizance for prosecution.
315 words·~1 min read·
/ct/title-52/chapter-900-court-practice-and-procedure/52-185·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.