A handful of states require a plaintiff — typically a non-resident plaintiff or a plaintiff on whom the defendant has moved for security — to post a cost bond at filing or on order. The bond secures the defendant's court costs (and in some states, attorney's fees) if the plaintiff loses or fails to prosecute. We write plaintiff cost bonds in every state that requires them — including California, Colorado, Louisiana, Nevada, North Carolina, Texas, and Puerto Rico — and under FRAP 7 in federal appellate practice.
A plaintiff cost bond — also called a litigation bond, bond for costs of court, or non-resident plaintiff cost bond — secures the defendant's recoverable court costs if the plaintiff loses or fails to prosecute. The defendant is the obligee; the plaintiff is the principal. The bond does not secure damages, judgments, or attorney's fees in the general case — it secures only the taxable court costs the prevailing defendant can recover under the applicable cost statute.
As a general rule, U.S. plaintiffs with legitimate causes of action are not burdened with security requirements before they can prosecute. Access to courts is broadly preserved. The cost bond is the exception, not the rule. The two principal exceptions: (1) plaintiffs who are not residents of the state where the action is filed, and (2) plaintiffs who have been found to be "vexatious litigants" with histories of frivolous filings.
State practice varies significantly. California applies its CCP §1030 cost bond on defendant's motion for non-resident plaintiffs, with the court setting an amount that covers costs and attorney's fees. Colorado uses CRS §13-16-101 on motion for non-resident plaintiffs. Louisiana uses LSA RS:13:1215 broadly on defendant's motion regardless of plaintiff residency. Nevada caps the bond at $500 under NRS 18.130. North Carolina uses a fixed $200 bond under NCGS §1-109. Texas uses Rule 143 on motion. Puerto Rico requires the bond from every non-resident plaintiff as a condition of filing, with dismissal-as-adjudication-on-merits consequences per Priolo.
Cost bonds also arise at the appellate level. Under Federal Rule of Appellate Procedure 7, an appellant in federal court may be required to post a bond securing the appellee's costs on appeal. State appellate procedure rules contain analogous provisions. The appellate cost bond is procedurally distinct from a supersedeas bond — it secures costs only, not the judgment — but many state rules permit one bond to satisfy both purposes if the amount is sufficient.
Each state-specific page covers the controlling statute, when the bond is triggered, how the amount is set, where it's filed, and 5-6 state-specific FAQs.
Cost bond requirements come from two sources. State practice is governed by each state's code of civil procedure and (in some states) specific cost-bond statutes. Federal appellate practice is governed by FRAP 7 and the general federal cost-taxation framework in 28 U.S.C. §1920.
Cost bonds are the simplest court bonds to underwrite. Penal sums are typically small (from $200 in North Carolina to a few thousand dollars in most other states; California is the exception with potentially larger amounts where attorney's fees are recoverable). Risk profiles are bounded by statutory cost taxables, not damages or judgment. Most cost bonds are written same-day on a one-page application with no collateral required.
Two items start the file: the complaint or notice of appeal, and a brief confirmation of the principal's address (which establishes non-residency in the forum state where applicable). For California §1030 bonds and other court-set-amount cost bonds, the court's order specifying the bond amount is also required.
Standard underwriting is uncollateralized for principals with conventional financial position. For very large cost bonds — usually at the appellate level in complex commercial litigation where the projected cost taxables run into five or six figures — additional financial information may be requested. The most common application takes under five minutes.
Filing is with the court of the underlying action. For appellate cost bonds, filing is with the trial court clerk under FRAP 7 (or the state analog), not with the court of appeals.
Send the complaint or the court's cost-bond order. We issue cost bonds same-day for qualified files.