The dilatory defence of security for costs is a burdensome relic. It should therefore be abolished. If such a radical reform is not possible more appropriate rules should govern. These rules may be expressed in the following terms:
Upon application by the defendant the judge may at his discretion order security for costs. No security is ordered if
1. the plaintiff has local funds to meet his potential liability for costs, or
2. the local decision for reimbursement of the defendant is enforceable in the State of the plaintiff's place of business, or
3. the suit in local courts of the defendant's place of business is not frivolously brought.