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Friday, September 24, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

LR 65.1 - Securities and Sureties

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

LR 65.1-1 Qualifications of Sureties or Other Securities; Deposit Requirements

(a) Requirements

Except for qualified corporate sureties, or as otherwise provided by statute, every bond or other security 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) Security Provider Requirements

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

LR 65.1-2 Court Officers as Sureties or Other Security Providers

(a) Sureties and Other Security Providers

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 security provider on any bond or other security 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 or Other Security Providers

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 security.


Amendment History to LR 65.1
January 19, 2019
LR 65.1-1 In the title, added "or Other Securities" after "Sureties."
LR 65.1-1(a) In the title, deleted "Bond" before "Requirements."  In the rule text, replaced "undertaking" with "other security."
LR 65.1-1(b) In the title, replaced "Surety" with "Security Provider."  In the rule text, changed "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" to: "Except for qualified corporate sureties, before a bond or other security may be accepted, each security provider must present a verified schedule of assets and liabilities, including a statement of all other bonds and other securities on which the security provider may become liable."  In the second sentence, replaced "bond" with "security."
LR 65.1-2 In the title, added "or Other Security Providers" after "Sureties."
LR 65.1-2(a) In the title, added "or Other Security Providers" after "Sureties."  In the rule text, replaced "surety" with "security provider."  Replaced "undertaking" with "security."
LR 65.1-3 In the title, added "or Other Security Providers" after "Sureties."  In the rule text, replaced "surety" with "security."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

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