Rule 77-II.Uncontested Motions for Security for Costs
Group X: Superior Court and Clerk · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 77-II
Comment
Sections (a) and (c) were deleted, and the rule was renamed to reflect the substance of the remaining provision (formerly section (b)). Subsections (a)(2) and (3) were deleted because only a judge or magistrate judge has the authority to order substitution of attorneys or to approve/set the amount of supersedeas bonds or undertakings. Remaining subsection (a)(4) was deemed unnecessary as it did not give the clerk any additional authority beyond what was already addressed by other rules and statutes. Section (c) was deleted because the bond requirement for motor vehicle cases was eliminated when the Motor Vehicle Owners’ Financial Responsibility Act was repealed in 1982. For the current requirements for proof of financial responsibility in motor vehicle cases, see D.C. Code §§ 50-1301.01 to -.86 (2014 Repl.). Stylistic changes were also made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
Plain-English Summary
Security for costs is a deposit or bond that guarantees the other side can collect its costs if it wins. Rule 77-II gives the clerk authority to approve an uncontested motion for that security on a fixed schedule tied to how much money the case involves: $100 cash or a $200 bond where the amount claimed is $5,000 or more; $50 cash or a $100 bond where the amount claimed is at least $3,000 but less than $5,000; and $25 cash or a $50 bond where the amount claimed is more than $750 but less than $3,000. Because the rule only fixes clerk-level amounts within that range, a case where the amount claimed is $750 or less falls outside this automatic schedule.
The rule also lets the clerk accept a praecipe — a short written request filed with the court — confessing judgment for costs, again without a judge needing to act on it first. Both pieces of Rule 77-II exist to let routine, unopposed cost matters move through the clerk's office quickly, reserving judicial attention for security-for-costs motions and cost disputes that draw a real objection.
Frequently Asked Questions
What does it mean to post security for costs in a DC Superior Court case?
It means depositing cash or posting a bond to guarantee that the opposing party can recover its court costs if it prevails. Rule 77-II lets the clerk grant an uncontested motion for this security without a judge's involvement.
How much security for costs does Rule 77-II require?
The amount depends on how much is claimed in the case: $100 cash or a $200 bond for claims of $5,000 or more, $50 cash or a $100 bond for claims of $3,000 up to $5,000, and $25 cash or a $50 bond for claims of more than $750 but less than $3,000.
Does a judge have to approve my motion for security for costs?
Not if it is uncontested and falls within the amounts Rule 77-II sets out. The clerk has independent authority to grant those motions.
What if the amount my case claims is $750 or less?
Rule 77-II's scale starts above $750, so a claim at or below that amount is not covered by the clerk's automatic authority under this rule.
What is a praecipe confessing judgment for costs?
It is a filing in which a party agrees to the entry of judgment for costs. Rule 77-II gives the clerk authority to accept that filing directly, without requiring a judge to sign off.