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Local Rules of Civil Procedure

LR 65.1 - Securities and Sureties

(See Fed. R. Civ. P. 65.1)

LR 65.1-1 Qualifications of Sureties; Deposit Requirements

(a) Bond Requirements

Except for qualified corporate sureties, or as otherwise provided by statute, every bond or undertaking must:

  1. Be secured by the deposit of cash or government bonds in the amount of the bond; or
  2. Have as sureties two residents of the district, each of whom owns real or personal property within the district in excess of that exempt from execution and sufficient to justify the full amount of the surety.

(b) Surety Requirements

Except for qualified corporate sureties, before a bond or undertaking may be accepted, each surety must present a verified schedule of assets and liabilities, including a statement of all other bonds and undertakings on which the surety may become liable. If the bond is accepted by the Court, the schedule must be filed with the clerk.

LR 65.1-2 Court Officers as Sureties

(a) Sureties

No clerk, marshal, or other employee of the Court - nor any member of the bar representing a party in the particular action or proceeding - will be accepted as surety on any bond or other undertaking in any action or proceeding.

(b) Cash Deposits

Cash deposits on bonds may be made by members of the bar on certification that the funds are the property of a specified person who has signed a surety on the bond.

(c) Exoneration

Upon exoneration of the bond - and upon motion and order of Court - monies held by the clerk will be returned to that specified person.

LR 65.1-3 Examination of Sureties

Any party may apply for an order requiring an opposing party to show cause why it should not be required to furnish further or different security, or requiring personal sureties to justify the full amount of the surety.

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