The defendants brought a motion seeking security for costs of a pending summary judgment motion, an order compelling the plaintiffs to deliver their affidavit of documents, and an adjournment of the summary judgment motion pending compliance.
The court held that Rule 56.01 of the Rules of Civil Procedure authorizes security for costs of an action but does not permit security for costs against a responding party on a summary judgment motion.
The request for security for costs was therefore dismissed without prejudice to bring a future motion for security for costs of the action.
The court ordered the plaintiffs to serve their affidavit of documents within 30 days and adjourned the summary judgment motion sine die.
Given the divided success on the motion, no costs were awarded.
