(a) Security for Costs.
(1) Except in suits in forma pauperis, or in suits where by statute a party is relieved of
prepaying fees and costs or of giving security therefor, or unless otherwise ordered by
the Court, no process in rem or of attachment shall issue unless the party
requesting issuance files a stipulation in the sum of $250.00 with good and solvent
surety, conditioned as provided in Supplemental Rule E(2)(b).
(2) Whenever in these Rules the filing of a bond or stipulation is required or permitted,
the party required or permitted to file such bond or stipulation may, in lieu thereof,
deposit the requisite amount of money in the registry of the Court as security.
(b) Sureties.
(1) In all cases where the surety on a bond or stipulation for the release of a vessel or
other property under seizure is not a corporate surety holding a certificate of
authority from the Secretary of the Treasury, and the bond or stipulation is not
approved as to amount and nature by the party at whose instance the vessel or
other property is detained, or by party’s attorney, the vessel or property shall not be
released without an order of a Judge, on reasonable notice and contradictorily,
approving the surety. In the absence of the Judge’s approval, the approval of the
Clerk of Court, on like notice and contradictorily, shall suffice.
(2) Such approval shall not limit the right of a party to move, under Rule E(6) of the
Supplemental Rules, Fed. R. Civ. P., to reduce the amount of surety given or to
require new or additional sureties.
LOCAL CRIMINAL RULES
