§ Rule 67(d) Security for costs; when required; bond and conditions

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VIII Provisional > Rule 67 > Rule 67(d)

Rule 67(d). Security for costs; when required; bond and conditions

    At any time before trial of an issue of law or fact, on motion of the defendant, supported by affidavit showing that the plaintiff is not the owner of property within the state out of which the costs could be made by execution sale, the court shall order the plaintiff to give security for the costs of the action. The court shall fix the amount of the security, the time within which it shall be given and it shall be given upon condition that the plaintiff will pay all costs that may be adjudged against the plaintiff, and authorize judgment against the sureties, if a written undertaking. If the plaintiff fails so to do within the time fixed by the court, the court shall order the action dismissed without notice.