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This entry was published on 2014-09-22
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SECTION 2303
Security for costs 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 23
§ 2303. Security for costs

1. In any proceeding in which an issue is raised by answer or
objection by or on behalf of a non-domiciliary against the proponent of
a will or a fiduciary or where the probate of a will has been tried
before a jury which has disagreed, the court may require the person or
persons raising such issue to give security for costs upon motion made
by the proponent or fiduciary.

2. Security for costs may be required from any non-domiciliary who is
the petitioner in any proceeding, provided the court finds that security
is necessary for the protection of the estate.

3. If any party fails to comply with an order requiring him to give
security for costs the court, upon the application of any interested
party who might resort to the security if furnished, may make an order
or decree dismissing the objections, answer or petition of the party in
default.