Back to Main Page / Back to List of Rules

Rule 367. Insufficiency of Bond to Secure Costs (1984)


If the clerk finds that the original supersedeas bond or deposit is insufficient to secure the costs, he shall notify appellant of such insufficiency. If appellant fails, within twenty days after such notice, to file a new bond or make a new deposit in the trial court sufficient to secure payment of the costs in compliance with Rule 354 and to file a certified copy of the bond or certificate of deposit in the appellate court, the appeal or writ of error shall be dismissed. The additional security shall not release the liability of the surety on the original supersedeas bond.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The rule has been reworded and the reference to the deposit has been added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986