[§634J-3]  Hearing procedure.  At the
hearing upon the motion for security the court shall consider material
evidence, written or oral, by witnesses or affidavit.  No determination made by
the court in determining or ruling upon the motion shall be, or be deemed to
be, a determination of any issue in the litigation or of the merits of the
litigation. [L 1993, c 124, pt of §1]