25-1-402. Governmental entities not required to give security. In any civil action or proceeding in which the state, a county, or a municipal corporation or any officer in the officer's official capacity on behalf of the state or a county, city, or town is a party plaintiff or defendant, a bond, undertaking, or security may not be required of the state, county, municipal corporation, or town or any officer of those entities; however, on complying with the other provisions of this code, the state, county, municipal corporation, or town or any officer acting in the officer's official capacity has the same rights, remedies, and benefits as if the bond, undertaking, or security were given and approved as required by this code. The board of trustees of any school district is entitled to the benefit of this section.

     History: En. Sec. 1902, C. Civ. Proc. 1895; re-en. Sec. 7196, Rev. C. 1907; re-en. Sec. 9829, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1058; re-en. Sec. 9829, R.C.M. 1935; R.C.M. 1947, 93-8714; amd. Sec. 379, Ch. 56, L. 2009.