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Section 8-3A.Bond for Prosecution or Recognizance

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceBars Connecticut courts from requiring a bond to cover litigation costs unless a party asks for one and shows good cause, and limits any such bond to taxable costs, excluding expert witness fees.

Full Text of Section 8-3A

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No bond for prosecution or recognizance for prosecution shall be required of a party in any civil action unless ordered by the judicial authority upon motion and for good cause shown. If the judicial authority finds that a party is not able to pay the costs of the action, the judicial authority shall order the party to give a sufficient bond to pay taxable costs. In determining the sufficiency of the bond to be given, the judicial authority shall consider only the taxable costs for which a party may be responsible under General Statutes § 52-257, except that in no event shall the judicial authority consider the fees or charges of expert witnesses notwithstanding that such fees or charges may be allowable under that section. Any party failing to comply with such order may be nonsuited or defaulted, as the case may be.

Amendment History

(Adopted June 24, 2016, to take effect Jan. 1, 2017.)

Plain-English Summary

Section 8-3A says no party in a civil action has to post a bond for prosecution, or recognizance for prosecution, unless the judicial authority orders one on motion and for good cause shown. If the court finds a party can't pay the costs of the action, it orders that party to give a sufficient bond to cover taxable costs. In setting the bond amount, the court considers only the taxable costs a party may be responsible for under General Statutes § 52-257, and it cannot factor in expert witness fees or charges even though that statute might otherwise allow them. A party who doesn't comply with a bond order risks being nonsuited or defaulted.

Frequently Asked Questions

Does every civil plaintiff in Connecticut have to post a bond?

No. A bond for prosecution is only required if the judicial authority orders one on motion and for good cause shown.

What can a Connecticut prosecution bond cover?

It can only cover taxable costs a party may be responsible for under General Statutes § 52-257; the court cannot include expert witness fees or charges in the bond amount.

What happens if a party doesn't post an ordered bond?

The party may be nonsuited or defaulted for failing to comply with the bond order.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 8-3A). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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