Local Rule Rule 65.1: Sureties

Rule 65.1 Sureties

(a) Approval of Security.

The clerk or deputy clerk is authorized to approve all recognizances, stipulations, bonds, guaranties, or undertakings in the penal sum prescribed by statute or order of the court, whether the security be property or personal or corporate surety.

(b) Security.

Except as otherwise provided by law, every recognizance, stipulation, bond, guaranty, or undertaking shall be with security that consists of either (1) cash or negotiable government bonds or (2) one or more sureties, as provided by law or the applicable Federal Rule of Civil Procedure. A judge may enter pertinent orders restricting any bonding company or surety company from being accepted as surety upon any bond in any case or matter in this district.

(c) Use of Real Property as Security.

Whenever a surety seeks to justify assets by demonstrating ownership of real property, a judge or magistrate judge shall determine by satisfactory evidence that the property is of sufficient unencumbered value to protect the interests of the adverse party.

(d) Prohibited Sureties.

Members of the bar, administrative officers and employees of this court, and the marshal and deputies and assistants thereto shall not act as surety in any matter pending in this court.