(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 Clerk of Court 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, by filing a
Revocation of Power of Attorney.
(d) Cash. In lieu of corporate surety, a party may deposit with the Clerk of Court the required
amount in lawful money. Upon exoneration of the deposit, it may be returned by the Clerk
of Court 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 Clerk of Court.
(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 Clerk of Court 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.
Northern District of Oklahoma Page 57 of 90
Local Rules Effective Date: 10/10/2024
