A. The Clerk of Courts shall require an advance
deposit for security for costs before filing of any civil action or
proceedings pursuant to a schedule of costs as time to time authorized by
the court. The Clerk shall maintain a copy of this schedule open to the
public.
B. On motion of the defendant, or request of the
Clerk, and if satisfied that such deposit is insufficient, the Court may
require it to be increased so as to secure all costs that may accrue. If
a party makes an affidavit of inability to deposit security for
costs, the Clerk shall receive and file the pleading only after approval by
the Court
C. When security for costs is given, the surety
must be approved by the Clerk. The surety's obligation shall
be complete by endorsing the summons or signing his name on the Complaint as
surety for costs. He shall be bound for the payment of costs which may be
adjudged against the plaintiff in the Court in which the action is brought,
or any other Court to which it may be carried, and all costs taxed against
the plaintiff in such action, he obtains a judgment or not.
D. Where an affidavit of inability to make a
deposit for costs is filed, the Court may personally examine
the party who filed the affidavit and determine whether or not such
affidavit is true, it was necessary to file the action or proceeding before
the costs could be advanced or secured, or that the costs cannot, at the
time of the hearing, be advanced or secured or decide the issue on the
affidavit. In the event that the Court finds that such affidavit is untrue
or unjustified, the judge may dismiss the case or continue it until the
costs have been advanced or secured.
E. The amount of the deposit or security generally
required in any type of case shall not be increased without the authority of
the Court and until 30 days notice of such increase has been posted
in the Clerk’s office or on the Clerk’s website, except those required
by statue.
F. The Clerk of Courts may, where there are three
or more defendants in an action upon which service is requested, or when
service by publication is requested at the outset of a lawsuit or at anytime
during the pendency of the lawsuit, request additional costs in an amount
sufficient to cover the cost of the additional service or service by
publication
G. In all cases or matters in which costs are taxed
to a particular party, the Clerk shall send a bill for the Court costs to
the attorney for the party and to the party. The Court costs shall be paid
within 30 days of the receipt of the bill unless an appeal is filed.