Security when counterclaim filed

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§31105. Security when counterclaim filed

If a counterclaim is filed for a cause of action for which the original action is filed under this chapter, the respondent to the counterclaim shall give security in the usual amount and form to respond to the counterclaim, unless the court for cause shown orders otherwise. The proceedings in the original action shall be stayed until the security is given.

( Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1522 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31105 46 App.:783 (proviso). Mar. 3, 1925, ch. 428, §3 (proviso), 43 Stat. 1112 .

The word "counterclaim" is substituted for "cross-libel", and the words "original action" are substituted for "original libel", to conform to the terminolgy in the Federal Rules of Civil Procedure (28 App. U.S.C.).


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