(a) Approval of Security.
The clerk or deputy clerk is authorized to approve all recognizances,
stipulations, bonds, guaranties, or undertakings in the penal sum prescribed
by statute or order of the court, whether the security be property or personal
or corporate surety.
(b) Security.
Except as otherwise provided by law, every recognizance, stipulation, bond,
guaranty, or undertaking shall be with security that consists of either (1) cash
or negotiable government bonds or (2) one or more sureties, as provided by
law or the applicable Federal Rule of Civil Procedure. A judge may enter
pertinent orders restricting any bonding company or surety company from
being accepted as surety upon any bond in any case or matter in this district.
(c) Use of Real Property as Security.
Whenever a surety seeks to justify assets by demonstrating ownership of real
May 2023 Return to Table of Contents
Local Civil Rules – U.S. District Court for the Eastern District of North Carolina Page 62
property, a judge or magistrate judge shall determine by satisfactory
evidence that the property is of sufficient unencumbered value to protect the
interests of the adverse party.
(d) Prohibited Sureties.
Members of the bar, administrative officers and employees of this court, and
the marshal and deputies and assistants thereto shall not act as surety in any
matter pending in this court.
