A court may order under UCPR 36.4(3) that a costs judgment take effect before the costs assessor's certificate is filed, permitting release of security for costs prior to assessment, where the evidence establishes that costs substantially exceed the security amount, the successful party can repay any overpayment, and appropriate undertakings are given. The release of security in such circumstances does not shortcut the costs assessment process.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.