22-282
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22-282. Deposit at commencement of action; deposit of money or bond on appeal A. Upon commencement of a civil action, each justice of the peace may require the plaintiff to deposit not more than ten dollars to be applied toward payment of costs incurred in the action. The justice of the peace may require the defendant at the time of filing an answer or entering an appearance to deposit not more than five dollars to be applied to fees and costs incurred by the defendant. B. Notwithstanding the provisions of section 22-281, in civil actions brought for the recovery of money only, other than on an assigned claim, where the amount in controversy, exclusive of interest and costs, does not exceed fifty dollars, no fees shall be required, except one dollar to be paid by plaintiff when instituting the action, and one dollar to be paid by defendant when entering appearance, which fee shall include constable's or sheriff's fees. C. If a party desires to take an appeal, no appeal shall be taken until the party has either paid into court the sum of twenty dollars as and for attorney fees to the adverse party or has secured payment of attorney fees by a good and sufficient bond with sureties approved by the justice of the peace. The bond shall be in the amount of the judgment, costs and attorney fees, payable to the adverse party and conditioned that the appellant prosecute the appeal to effect and pay and satisfy the judgment which may be rendered against the appellant on the appeal, with costs and attorney fees. |