Local Rule CV-65.1: Security; Proceedings Against Sureties

RULE CV-65.1. SECURITY; PROCEEDINGS AGAINST SURETIES

(a) No clerk, marshal, attorney, or officer of this court will be accepted as surety, either directly or indirectly, on any bond or undertaking in any action or proceeding in this court, nor shall any such person advance or provide money or other thing of value for any cost, bail, attachment, or replevy bond taken in this court.

(b) The clerk shall make available a list of corporations or other entities authorized by the Secretary of the Treasury to act as surety on official bonds on the district's website, or in such other manner as the clerk deems sufficient public notice.

(c) Unless the court otherwise directs, every bond furnished in connection with any matter must be done in one of the following manners, either:

(1) Cash or United States Government Bonds deposited in the registry of the court in lieu of sureties; or

(2) Surety bonds that have:

(A) A corporation authorized by the Secretary of the Treasury of the United States to act as surety on official bonds that either satisfies 31 C.F.R. § 224.3 or has appointed an agent for service of process in the Western District of Texas in accordance with 31 C.F.R. § 224.4; or

(B) An individual resident of the Western District of Texas who satisfied the court that he owns real or personal property not exempt by law within the district sufficient to justify the full amount of the suretyship.

(d) Each person who is to act as a principal or as a surety on an official bond shall undertake to:

(1) Prosecute the claim or action with effect;

(2) Abide by the decision of the court; and

(3) Pay the damages sustained, to the full extent of the face amount of the bond, if the court finds that the order secured by the bond was wrongfully applied for or wrongfully made.