Local Rule General Rule 1.11: BONDS

GENERAL RULE 1.11 BONDS

(A) SECURITY PROVIDER LIMITATIONS A member of the bar or an employee of this court may not serve as a security provider on a bond, other security, or undertaking in an action or proceeding in this court. However, a member of the bar may serve as a security provider for a family member or closely related individual who is not a client.

(B) CORPORATE SECURITY PROVIDER On an undertaking in which the United States is the obligee, a corporate security provider must be qualified in accordance with 31 U.S.C. §§ 9301-9310. The parties must consult with the Department of Treasury listing of companies to confirm a security provider is qualified. In all other instances, a corporate security provider qualified to write bonds or other securities in the State of North Dakota is acceptable. A power of attorney showing the authority of the agent signing the bond or other security must be attached to the bond or other security.

(C) PERSONAL SECURITY PROVIDER The court may accept a personal security provider if the execution and filing of a written bond or other security contains terms and conditions acceptable to the court, including the sufficiency and amount of collateral that may be required.

(D) CASH BONDS AND PERSONAL PROPERTY Upon execution and filing of a written bond, a party must deposit cash or other personal property with the court. Unless otherwise ordered by the court, each deposit of cash or personal property must be accompanied by an affidavit of ownership, which must include the owner's full address and zip code. An affidavit of ownership will presumptively establish the identity of the property's owner. Withdrawal of cash or other personal property deposited with the court may be made only upon written court order according to the provisions of D.N.D. Gen. L.R. 1.10(C).

(E) COST BONDS OR OTHER SECURITIES The court, on motion or on its own initiative, may order a party to file a bond or other security for costs or additional security for costs in an amount and conditioned by terms imposed by the court.

(F) INSUFFICIENCY AND REMEDY A party may object to the form or timeliness of a bond or other security or the sufficiency of the security provider. If the court finds a bond or other security to be insufficient, the court may order that a sufficient bond or other security be filed within a stated time. If the party required to file the bond or other security does not comply, the court may dismiss the case or take other appropriate action.