Local Rule LR 65.1.1: PROCEDURES RELATING TO BONDS

LR 65.1.1 PROCEDURES RELATING TO BONDS

(A) Approval of Surety by Clerk. The clerk shall approve as to surety all bonds requiring approval (except criminal and bankruptcy bonds), unless otherwise provided by law, rules, or direction of the Court.

(B) Officers of Court Not Accepted as Surety. No clerk, marshal, other officer of this Court, or any practicing attorney at law will be accepted as surety on any bond or undertaking in any action or proceeding in this Court.

(C) Surety Qualifications for Bonds for Costs. Unless otherwise provided by the Court, every bond for costs under this rule must have as surety either:

(1) A cash deposit equal to the amount of the bond, or

(2) A corporation authorized to execute bonds under 31 U.S.C. §§ 9304-08, or

(3) An individual of the district with sufficient property, above all homestead and exemption rights, to render him or her liable for the amount of the bond and all costs incident to collecting same.

(D) Bonds Where Minor Involved. In all cases where a minor has sued and recovered by and through a next friend, the bond to be made by the next friend shall, unless otherwise ordered by the Court, be in all respects as provided by the existing law of the State of Georgia, except that the obligee in the bond shall be the minor for whom recovery is had, and the bond shall be approved by the clerk.

(E) Bonds for Costs on Appeal. A party in a civil case appealing a judgment from this Court shall not be routinely required to file a bond for costs on appeal. The Court may, however, upon meritorious motion by a party or on its own initiative, order an appellant or cross-appellant to file a bond for costs in an amount and with those conditions as the Court may designate in its order.