(a) Security for Bonds; Authorized Sureties.
Except as otherwise provided by law, the clerk shall accept bonds which are secured by any
of the following:
(1) A natural person who meets the following requirements:
(A) Is of legal age, and a permanent resident of the Commonwealth of
Puerto Rico;
(B) has no outstanding forfeiture or unsatisfied judgment entered upon
any bail bond in any court of the United States, including the courts
of any of its states, commonwealths, territories or possessions;
(C) is a legal registered owner of real estate within this district with a
reasonable market value to cover the amount specified in the bond
which he or she proposes to execute as specified in this rule; and,
(D) provides accurate and complete information concerning permanent
address, telephone number, and net worth.
(2) A legal entity with capacity to sue and be sued pursuant to the laws of the
United States or the Commonwealth of Puerto Rico.
(3) A corporation authorized to act as surety by the Commonwealth of Puerto
Rico and by the Secretary of the Treasury of the United States pursuant to 6
U.S.C. § 113. The corporation shall have on file with the clerk a certified
copy of its certificate of authority to do business in the Commonwealth of
Puerto Rico and a certified copy of the power of attorney appointing the agent
authorized to execute the bond.
(b) Unauthorized Sureties.
A lawyer representing a defendant in a case may never post a bond on behalf of his or her
client or any other defendant in that case. Administrative officers, deputies, assistants, or any other
employees of this court or the marshal are also prohibited from securing a bond on behalf of a
criminal defendant. Violation of this rule shall result in disciplinary proceedings.
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(c) Property Which May Be Accepted as Bond.
(1) Cash or certified check issued by a bank on deposits insured by the Federal
Deposit Insurance Corporation. Certified checks shall be accepted if issued
within seven (7) days of the application to post bond and are payable to the
Clerk, U.S. District Court.
(2) Real property located in the United States.
(A) When the real property is owned by more than one person, all of them
must qualify as individual sureties and must sign the jurisdiction and
appearance bond.
(B) When the real property is owned by a corporation or legal entity, a
corporate or official resolution must be supplied. The resolution, duly
certified by an authorized officer, must specifically allow the
alienation of the real property.
(C) When real property is offered as bond, the following information
must be provided: legal description and location; list of all
encumbrances and liens; certified copy of the deed of sale;
certification of outstanding mortgage by the relevant bank or financial
institution; and a certificate from the Secretary of the Treasury or the
Collection Center for Municipal Revenue (CRIM) issued within
fifteen (15) days of the date of bail presentation indicating that the
real property has no outstanding tax liability to the Commonwealth
of Puerto Rico.
(d) Payment of Property Taxes.
While the bond is in effect, the surety will keep current the payment of the taxes on the
property. The surety will not sell, mortgage, or in any manner further encumber the property until
it is exonerated by the court.
(e) Powers of Attorney.
Bail shall not be taken from a person acting under a power of attorney or other written
instrument, except in cases of a corporate surety where the power of attorney or written instrument
shall be first filed and approved by the clerk, who shall keep such instrument on file.
(f) Bonding Companies.
The court may, for good cause shown, enter an order restricting any bonding company or
surety company from being accepted as surety for any bond in any case or matter before the court.
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(g) Value of Real Property.
The value of any real property offered as security for bond will be determined by a
professional appraisal report to be furnished by its owner(s). The court-assessed value of the
property will be 70 percent of the appraised value, offset by any mortgages, encumbrances or liens.
(h) Real Property Previously Pledged as Bail.
Unless authorized by the court, real property pledged as bail in the courts of the United
States, including state courts, territories or possessions, or already accepted for bail in any case
pending before this court, shall not, while so pledged or accepted for bail, be accepted for bail in
another case. If the real property has been pledged as bail during the last five (5) years, the sworn
statement shall contain complete information of the case(s) in which the property was so pledged
including: the name of the defendant and number of the case in which the property was pledged as
bail; the date bail was accepted; the court accepting the bail; the amount of bail for which the
property was pledged; name of its owner(s) and value of the property at that time; and, the current
status of the case(s) in which property was pledged.
(i) Justification of Personal Surety.
Any individual offered as surety must file a duly acknowledged justification of personal
surety showing his or her permanent address and telephone number, his or her net worth, legal
description and location of the real estate, its court-assessed value, and a complete list of all
encumbrances and liens on the real estate.
The individual offered as surety must also file, in connection with the acknowledged
justification: a certified copy of the deed of sale; an up-to-date certificate of the balance due on the
mortgages issued by the bank or mortgage company; a certificate from the Secretary of the Treasury
issued within the last fifteen (15) days, showing that taxes on the property have been paid; a
certificate from the Registry of Property as to the real property posted in bond; and a sworn statement
stating whether the property has been pledged as bail during the last five (5) years.
(j) Return of Bonds, Deposits and Property Deeds.
When a defendant has obtained release by depositing a sum of money, obligations of the
United States or property surety, the surety shall be entitled to the return of the bond posted when
the defendant has been discharged. It is the surety’s responsibility to request the return of any legal
documents tendered to the court. Any document that has remained in the clerk’s custody for more
than six (6) months after the defendant’s discharge may be disposed of by the clerk after due notice.
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(k) Jurisdiction.
By posting bond in any proceeding in this court, the surety submits to the jurisdiction of this
court.
(l) Deposit of Cash Security.
All cash tendered to the clerk as security for bonds posted in criminal cases shall be deposited
in one of the interest-bearing accounts at the court's designated financial institution.
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