Security For Costs

Security for costs is a common law legal concept of application only in costs jurisdictions, and is an order sought from a court in litigation.The general rule in costs jurisdiction is that "costs follow the event". In other words, the loser in legal proceedings must pay the legal costs of the successful party. Where a defendant has a reasonable apprehension that its legal costs will not be paid for by the plaintiff if the defendant is successful, the defendant can apply to the court for an order that the plaintiff provide security for costs. Furthermore, the amount that is ordered by the Judge is in direct correlation to the strength or weakness of the plantiff's case brought herewith.The weaker the probability of the plantiff prevailing, the higher the security order.
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In some courts there is a rule that when the plaintiff resides abroad he shall give security for costs, and until that has been done, when demanded, he cannot proceed in his action.

This is a right which the defendant must claim in proper time, for if he once waives it, he cannot afterwards claim it; the waiver is seldom, or perhaps never expressly made, but is generally implied from the acts of the de-fendant. When the defendant had undertaken to accept short notice of trial or after issue joined, and when he knew of plaintiff's residence abroad; or, with such knowledge, when the defendant takes any step in the cause these several acts will amount to a waiver.

The fact that the defendant is out of the jurisdiction of the court, will not, alone, authorize the requisition of security for costs; he must have his domicil abroad. When, the defendant resides abroad, he will be required to give such security, although he is a foreign prince.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.