Texas Plaintiff Cost Bond (Litigation Bond / Bond for Costs of Court)

The Texas plaintiff cost bond. On defendant's motion.

Texas Rule of Civil Procedure 143 authorizes a defendant to move to require the plaintiff to give security for costs. Texas courts also apply Rule 145 (indigent practice) and the cost-bond provisions of the Texas Property Code where applicable. We write Texas plaintiff cost bonds same-day in all 254 Texas counties and the four U.S. District Courts for Texas.

What a Texas cost bond actually does.

Texas cost bond practice operates under Texas Rule of Civil Procedure 143 (Rule for Cost Bond) and related rules. The defendant may move to require the plaintiff to give security for costs; the trial court rules on the motion and sets the bond amount.

Texas Rule 143 applies to non-resident plaintiffs and, in the court's discretion, to resident plaintiffs whose financial position suggests heightened costs exposure. The bond amount is set by the court based on a reasonable projection of recoverable costs in the action. Failure to post within the time the court allows is grounds for dismissal.

Texas cost bonds are distinct from Texas supersedeas bonds (the appellate stay instrument under TRAP Rule 24) — different rule, different purpose, different bond formula. The cost bond runs at the trial level; the supersedeas bond runs at the appellate level after judgment.

The rules we underwrite to.

Texas's plaintiff cost bond requirement is codified at Tex. R. Civ. P. 143. The bond is required on defendant's motion (in most cases) and the bond penalty is set by statute or court discretion. We underwrite to the controlling statute and draft each bond on the form the Texas court will accept.

Controlling Authorities

Tex.: Tex. R. Civ. P. 143 — Texas cost bond rule — security for costs
Tex.: Tex. R. Civ. P. 145 — Affidavit of inability to pay costs (indigent practice)
Tex.: Tex. Civ. Prac. & Rem. Code §31.007 — Costs — items recoverable in Texas civil practice

How a Texas cost bond gets issued.

Texas Rule 143 cost bonds are written same-day on standard application terms. The bond amount varies by court discretion; most bonds run in the four to five-figure range for routine commercial litigation.

Two documents start the file: the petition (Texas terminology for complaint) and the defendant's motion and court order setting the bond amount. We deliver bonds in PDF for direct e-filing through Texas eFile (eFile.TXCourts.gov).

For Texas plaintiffs who later need to perfect an appeal, we coordinate the Rule 143 cost bond with the subsequent supersedeas bond under TRAP Rule 24 to ensure continuity of security throughout the matter's life. The cost bond serves the trial-level taxables; the supersedeas bond serves the appellate stay.

Questions We Hear Every Week

Texas-specific questions.

When is a Texas Rule 143 cost bond required?

On defendant's motion and court order. The bond is not automatic; the defendant must move and the court must rule. Texas applies Rule 143 most commonly to non-resident plaintiffs but the court has discretion to require a cost bond from resident plaintiffs in appropriate cases.

How is the bond amount set?

By the trial court based on a reasonable projection of recoverable costs in the action. There is no fixed multiplier; the court considers the case's complexity, expected duration, and likely cost taxables.

How is the Texas cost bond different from the supersedeas bond?

The cost bond operates at the trial level under Rule 143 to secure court costs the defendant may recover. The supersedeas bond operates at the appellate level under TRAP Rule 24 and §52.006 to stay execution of an adverse judgment pending appeal. Different rules, different purposes, different formulas.

What happens if the plaintiff fails to post?

The action is subject to dismissal. Per Rule 143, failure to post within the time the court allows is grounds for the court to dismiss the action.

Are corporate plaintiffs subject to Rule 143?

Yes. Foreign corporations and non-resident corporations are subject to Rule 143 cost bond requirements on the same terms as non-resident individuals.

Where is the bond filed?

With the trial court clerk in the county where the action is pending. Texas has 254 counties, each with its own clerk's office. Most counties accept e-filed bonds through eFile.TXCourts.gov.

The Texas plaintiff cost bond. On defendant's motion.

What a Texas cost bond actually does.

The rules we underwrite to.

How a Texas cost bond gets issued.

Texas-specific questions.

Related jurisdictions & bond instruments

Related plaintiff cost bond practice.

Further reading on the Surety One blog

Filing in Texas as a non-resident?