§ 30-7-4 - Defense of actions.
SECTION 30-7-4
§ 30-7-4 Defense of actions. – When an action or proceeding of any nature is commenced in any court againstany member of the militia for an act done by the member in his officialcapacity in the discharge of his or her duty, or for an alleged omission by themember to do an act which it was his or her duty to perform, or against anyofficer or enlisted person acting under proper authority or by virtue of awarrant issued to that person pursuant to law, the defendant in that action orproceeding may require the person instituting or prosecuting the action to filesecurity in an amount to be fixed by the court for the payment of costs thatmay be awarded to the defendant therein. The defendant in all cases may make ageneral denial and give the special matter in evidence. A defendant in whosefavor a nonsuit or a final judgment is rendered in any such action orproceeding shall recover treble costs. The governor shall appoint specialcounsel, to defend the action or proceeding, at the expense of the state.