State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-109


Prosecution Bonds.

§ 1‑109.  Bond requiredof plaintiff for costs.

At any time after the issuanceof summons, the clerk or judge, upon motion of the defendant, may, upon ashowing of good cause, require the plaintiff to do one of the following thingsand the failure to comply with such order within 30 days from the date thereofshall constitute grounds for dismissal of such civil action or specialproceeding:

(1)        Give an undertakingwith sufficient surety in the sum of two hundred dollars, with the conditionthat it will be void if the plaintiff pays the defendant all costs which thelatter recovers of him in the action.

(2)        Deposit two hundreddollars ($200.00) with him as security to the defendant for these costs, inwhich event the clerk must give to the plaintiff and defendant all costs whichthe latter recovers of him in the action.

(3)        File a copy of anorder from a superior or district court judge or clerk of a superior courtauthorizing the plaintiff to sue as an indigent.

The requirements of thissection shall not apply to the State of North Carolina or any of its agencies,commissions or institutions, or to counties, drainage districts, cities andtowns; provided, further, that the State of North Carolina or any of itsagencies, commissions or institutions, and counties, drainage districts, citiesand towns may institute civil actions and special proceedings without beingrequired to give a prosecution bond or make deposit in lieu of bond. (R.C.,c. 31, s. 40; C.C.P., s. 71; Code, s. 209; Rev., s. 450; C.S., s. 493; 1935, c.398; 1949, c. 53; 1955, c. 10, s. 1; 1957, c. 563; 1961, c. 989; 1971, c. 268,s. 3; 1993, c. 435, s. 4; 1999‑106, s. 1.)