(a) Scope of Rule. Whenever a security, bond or undertaking is required by federal statute,
the Federal Rules of Civil Procedure, or by an order of the Court, and the form or
amount thereof is not otherwise specified in or determined by the statute, rule or order,
the amount and form thereof shall be as provided by this local rule.
(b) Security for Costs. On its own motion or upon motion of a party in interest, the Court
may at any time order any party to give security, bond or undertaking in such amount as
the Court may order for the payment of costs or for performance of other conditions or
requirements imposed in an action or proceeding.
(c) Corporate Surety. No security, bond or undertaking with corporate surety shall be
accepted or approved unless (1) the corporate surety is in compliance with the provisions
of 31 U.S.C. §§ 9301-09, and (2) there is on file with the Court Clerk a duly
authenticated power of attorney appointing the agents or officers executing such
obligation to act on behalf of the corporate surety. If an agent or officer so appointed is
removed, resigns, dies or becomes disabled, the corporate surety shall notify the Court in
writing.
(d) Cash. In lieu of corporate surety, a party may deposit with the Court Clerk the required
amount in lawful money. Upon exoneration of the deposit, it may be returned by the
Court Clerk to the true owner, after application to claims of the United States in the
proceedings and to proper fees of the United States Marshal and Court Clerk.
(e) Submission to Jurisdiction- Agent for Service of Process. Notwithstanding any
provision of a security instrument to the contrary, every surety or depositor of security is
subjected to the jurisdiction of this Court. The Court Clerk is irrevocably appointed
agent upon whom any papers affecting the surety's or depositor's liability may be served,
and consents that liability shall be joint and several, that judgment may be entered in
accordance with the obligation simultaneously with judgment against the principal, and
that execution may thereupon issue against the appropriate property.
(f) Further Security for Jurisdiction of Personal Sureties. Upon reasonable notice to the
party presenting the security, any other party for whose benefit it is presented may apply
to the Court at any time for further or different security or for an order requiring the
personal sureties to justify.
(g) Court Officers Not Allowed as Sureties. Unless a party to the action, no clerk,
marshal, member of the bar, or other officer of this Court will be accepted as surety,
either directly or indirectly, on any bond or undertaking in any action or proceeding in
this Court.
(h) Real Estate. This Court will not accept real estate as security.
VIII. PROVISIONAL AND FINAL REMEDIES.
