Rule 2.109.Security for Costs

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.109 lets a Michigan court, on a party's motion, require the opposing party to post a bond covering anticipated costs and expenses, while letting the court excuse a party who cannot afford one and exempting government parties outright.

Full Text of Rule 2.109

Text sizeJump to: (A) (B) (C)

(A) Motion. On motion of a party against whom a claim has been asserted in a civil action, if it appears reasonable and proper, the court may order the opposing party to file with the court clerk a bond with surety as required by the court in an amount sufficient to cover all costs and other recoverable expenses that may be awarded by the trial court, or, if the claiming party appeals, by the trial and appellate courts. The court shall determine the amount in its discretion. MCR 3.604(E) and (F) govern objections to the surety.

(B) Exceptions. Subrule (A) does not apply in the following circumstances:

(1) The court may allow a party to proceed without furnishing security for costs if the party’s pleading states a legitimate claim and the party shows by affidavit that he or she is financially unable to furnish a security bond.

(2) Security shall not be required of

(a) the United States or an agency or instrumentality of the United States;

(b) the State of Michigan or a governmental unit of the state, including but not limited to a public, municipal, quasi-municipal or governmental corporation, unincorporated board, public body, or political subdivision; or

(c) an officer of a governmental unit or agency exempt from security who brings an action in his or her official capacity.

(1) if the party or the surety moves out of Michigan, or

(2) if the original amount of the bond proves insufficient. A person who becomes a new or additional surety is liable for all costs from the commencement of the action, as if he or she had been the original surety.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

A party facing a lawsuit can ask the court to make the other side put up security, typically a bond with surety, in an amount the court thinks is enough to cover costs and other recoverable expenses that might eventually be awarded, whether at trial or on appeal. The decision to require security, and how much, sits entirely within the court's discretion, and the request is not limited to defendants — it can reach anyone asserting a claim, including counterclaims and cross-claims.

Not every party can be made to post security. The court may excuse a party whose pleading states a legitimate claim and who shows by affidavit that they cannot afford a bond. The United States and its agencies, the State of Michigan and its governmental units, and officers of those bodies acting in their official capacity are exempt outright. And if circumstances change — the party or surety moves out of state, or the original bond turns out to be too small — the court can order new or additional security on just terms, with any new surety on the hook for all costs going back to when the case began.

Frequently Asked Questions

Who can be ordered to post security for costs?

Any party against whom a claim has been asserted may ask the court to require the opposing party — whoever is asserting that claim — to post a bond covering anticipated costs and expenses.

Do indigent parties or government agencies have to post a bond?

The court may excuse a party whose pleading states a legitimate claim and who shows by affidavit that they cannot afford a bond. The United States, the State of Michigan, their agencies, and officials acting in an official capacity are exempt outright.

Can the court require a bigger bond later in the case?

Yes. If the original bond proves insufficient or the party or surety moves out of Michigan, the court may order new or additional security at any time on just terms.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.109). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: bond for costs Michigansecurity for costs motioncourt bond requirement