(a) Security. Except as otherwise provided by law or by order of the Court, all
bonds, guaranties, and undertakings must be secured by:
(1) Deposit of cash, certified check, certificate of deposit, bank draft, Post
Office money order, surety bond, or eligible obligation as provided in 31 U.S.C. § 9301
et seq.;;
(2) Undertaking of guaranty of a company holding a certificate of authority
from the U.S. Department of Treasury as an acceptable surety on federal bonds; which
company has filed with the clerk the designation of a resident of this district as agent,
dated not more than three years earlier than the date of the undertaking, upon whom
process may be served; and which company is otherwise qualified by having met all
requirements of the law of North Carolina and 31 U.S.C. § 9301 et seq.; or
(3) Undertaking of individual surety or sureties who are residents of North
Carolina and own property within the state worth double the amount of the bond or
undertaking over all exemptions, debts, liabilities and other obligations.
(b) Individual Sureties.
(1) An individual surety must execute an affidavit of justification giving full
name, occupation, residence address, business address, and facts showing his or her
financial qualification to act as surety.
(2) A husband and wife are considered as one surety.
(3) Members of the bar, officers and employees of this Court, and employees
of the Department of Justice serving in this district may not serve as sureties in any suit,
action, or proceeding in this Court.
(c) Approval. All bonds, guaranties, undertakings, and individual sureties
must be approved by a Judge or the Clerk. Individual sureties who justify on the basis of
ownership of real or personal property may be required to provide proof of ownership,
such as a certificate of title, and a title search conducted by an attorney other than the
attorney representing the party on whose behalf the bond is being posted, and give
security in the form of a proper security instrument or deed of trust.
