Martes, Hulyo 21, 2015

why the court will require the plaintiff to file a bond?

The court will require the plaintiff to file a bond because it required by the next succeeding section and must be duly filed with the court before the order issues.

Bonds for judicial proceedings may be required for those seeking certain remedies in state or federal court. These bonds fall into two broad classifications:
Plaintiff Bonds: A plaintiff bond guarantees payment of damages suffered if an action is decided in favor of a defendant. The court determines the amount of a plaintiff bond. Attachment, replevin and sequestration bonds are plaintiff bonds.
Defendant Bonds: A defendant bond guarantees payment of damages suffered if an action is decided in favor of the plaintiff. The court determines the amount of a defendant bond. Defendant replevin, supersedeas, appeal and release of attachment are examples of defendant bonds. Defendant bonds often require up to 100% collateral.

Case about Yakult Ph(Salvado) vs Court of Appeals(Polo) Article 35 talks about the a person who injured by a criminal offense (reckless imprudence resulting to slight physical injuries) and charges by the same (to pursue the medical examination again). But this time they lack of evidence that no one appeared to be a witness.
So the court will require the plaintiff to file a bond because it required by the next succeeding section to continue/ proceeds again to the criminal offense.

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