CODE OF VIRGINIA

SECURITY FOR COSTS UPON SUIT BY NONRESIDENT (§ 17.1-607)

In any suit or action, except when an indigent is plaintiff, there may be a
suggestion on the record in court, or, if the case be at rules, on the rule
docket, by a defendant, or any officer of the court, that the plaintiff is not a
resident of this Commonwealth and the security is required of him. After sixty
days from such suggestion, the suit or action shall, by order of the court, be
dismissed, unless, before the dismissal, it is proven that plaintiff is a
resident of the Commonwealth or security be given before the court, or its
clerk, for the payment of the costs and damages in the court in which the suit
or action is instituted which may be awarded to the defendant, and of the fees
due, or to become due, in such suit or action to the officers of the court. The
security shall be by bond, payable to the Commonwealth, but there need only be
one obligor therein, if he be sufficient and a resident of the Commonwealth. The
court before whom, or before whose clerk, such bond is given, may, on motion by
a defendant or officer, give judgment for so much as he is entitled to by virtue
of such bond.

HISTORY: Code 1950, § 14-182; 1964, c. 386, § 14.1-185; 1998, c. 872.