Lexipedia

Security for costs

Security for costs requires a claimant, in specified circumstances, to secure the opposing party’s recoverable litigation costs.

In Swiss civil procedure, a defendant may seek security for costs when statutory conditions indicate a risk that an eventual costs award will not be paid, for example because the claimant is abroad or insolvent. The measure protects the defendant’s potential party compensation and court-related expenses. If security is ordered and not provided in time, the claim may be dismissed or procedural steps may be barred. It is distinct from advance payment of court costs, which concerns financing the court’s own fees.