Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2408 Security Not Required of United States
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 161 — UNITED STATES AS PARTY GENERALLY › § 2408
Summary
The United States, its departments and anyone acting for them don't have to post security (like a bond) for damages or costs when they start or pursue legal cases. If taxable costs are assessed, they must be paid from the contingent fund of the department or agency that ordered the case.
Full Legal Text
Title 28, §2408
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
Security for damages or costs shall not be required of the United States, any department or agency thereof or any party acting under the direction of any such department or agency on the issuance of process or the institution or prosecution of any proceeding. Costs taxable, under other Acts of Congress, against the United States or any such department, agency or party shall be paid out of the contingent fund of the department or agency which directed the proceedings to be instituted.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 870 (R.S. § 1001; Mar. 3, 1911, ch. 231, §§ 117, 289, 36 Stat. 1131, 1167; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; June 19, 1934, ch. 653, § 7, 48 Stat. 1109). Section 870 of title 28, U.S.C., 1940 ed., applied only to the Supreme Court and district courts. The revised section applies to all courts. Words “process or the institution or prosecution of any proceeding” were substituted for “appeal, or other process in law, admiralty, or equity.” Word “agency” was substituted for “any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly”, in view of the creation of many independent governmental agencies since the enactment of the original law on which this section is based. Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2408
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102