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Thursday, March 28, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 1020 - Security for Costs

LR 1020-1 Costs - Generally

In an action governed by Supplemental Rule E, any party may file and serve upon an adverse party a demand for security for costs, or for an increase in the amount of security for costs previously posted.

Unless otherwise ordered by the Court, the amount thereof will be $500. The party notified must post security within seven (7) days after service. A party who fails to post security when demanded may not participate further in the proceedings except for the purpose of seeking relief from the rule.

LR 1020-2 Costs - In Action for Limitation of Liability

The amount of the security for costs required by Supplemental Rule F(1) is $500. Unless otherwise ordered by the Court, the security for costs may be combined with the security for value and interest.

LR 1020-3 Marshal's Fees 

(a) Deposit Required Before Seizure

A party who seeks arrest or attachment of property in an action governed by Supplemental Rule E must deposit a sum with the marshal sufficient to cover the marshal's estimated fees and expenses of arresting and keeping the property for at least fourteen (14) days. The marshal is not required to execute process until the deposit is made.

(b) Additional Deposit Required After Seizure

A party who has caused the marshal to arrest or attach property will advance additional sums from time to time as requested to cover the marshal's estimated fees or expenses until the property is released or disposed of as provided in Supplemental Rule E. Any party who fails to make an advance when demanded may not participate further in the proceeding except for the purpose of seeking relief from this rule.

LR 1020-4 Judicial Relief

The marshal will notify the Court if a party fails to advance sums as requested after property has been arrested. The marshal may also apply to a judge for direction if a question arises concerning the obligation of a party to advance moneys required under this rule.


Amendment History to LR 1020
December 1, 2009
LR 1020-1 Deadline to post security changed from "five (5)" days to "seven (7)" days.
LR 1020-3(a) Time changed from "ten (10)" days to "fourteen (14)" days.