Local Rule 67.1: SURETIES

RULE 67.1 SURETIES

(a) Members of the Bar and Court Officers. No judge, clerk, marshal, member of the bar or other officer or employee of the court may be surety or guarantor of any bond or undertaking in any proceeding in this court.

(b) Form of Bond. Surety bonds shall be signed and acknowledged by the party and the party's surety or sureties. They shall refer to the statute, rule, or court order under which given, state the conditions of the obligation, and contain a provision expressly subjecting them to all applicable federal statutes and rules.

(c) Security. Except as otherwise provided by law or by order of the court, a bond or similar undertaking must be secured by:

(1) The deposit of cash or obligations of the United States in the amount of the bond (note L.R. 67.4 with regard to the court's cash policy); or

(2) The guaranty of a company or corporation holding a certificate of authority from the Secretary of the Treasury pursuant to 31 U.S.C. § 9305; or

(3) The guaranty of two individual residents of this district, each of whom owns unencumbered real or personal property within the district worth the amount of the bond, in excess of legal obligations and exemptions.

(d) Deposits of cash or obligations of the United States shall be accompanied by a written statement, duly acknowledged, that the signer is owner thereof, that the same is subject to the conditions of the bond, and that the clerk may collect or sell the obligations and apply the proceeds, or the cash deposited, in case of default as provided in the bond. Upon satisfaction of the conditions of the bond, the monies or obligations shall be returned to the owner on the order of a magistrate or district judge.

(e) Individual Sureties. An individual acting as surety pursuant to subsection (c)(3) shall file an affidavit:

(1) Giving his or her name, occupation, and residential and business address;

(2) Showing that he or she is qualified to act as surety; and

(3) (In criminal cases) stating that he or she will not encumber or dispose of the property on which his or her qualification as surety depends while the bond remains in effect.

(f) Approval of Bond. Except as otherwise provided by law, the clerk may approve a bond in the amount fixed by the court or by statute or rule, and secured in the manner provided by subsections (c)(1) or (2). All other bonds must be approved by the court.

(g) Service. The party on whose behalf a bond is given shall promptly, after approval and filing of the bond, serve a copy of it on all other parties to the proceeding. Such service need not be made on the United States in a criminal case.

(h) Modification of Bond. The amount or terms of a bond or similar undertaking may be changed at any time as justice requires, by order of the court on its own motion or on motion of a party.

(i) Further Security. The court may order a party to furnish further or different security, or require personal sureties to furnish further justification.

Effective September 1, 1990; amended effective May 3, 2016.