(a) Security. Except as otherwise provided by law or by order of the Court, a bond or similar
undertaking must be secured by:
(1) the deposit of cash or obligations of the United States in the amount of the bond; or
(2) the guaranty of an individual resident of this District who owns and pledges as
security real property in which such individual has equity that exceeds the amount of
the bond.
(b) Individual Sureties. An individual acting as surety pursuant to paragraph (a)(3) of this rule
shall execute and file an affidavit that includes:
(1) the individual's full name, occupation, and residential and business addresses; and
(2) a statement that the affiant will not encumber or dispose of the property while the
bond remains in effect; and
(3) a statement from the clerk of the city or town wherein the property is located setting
forth the assessed value of the property, or, alternatively, an appraisal by a licensed
appraiser; and
(4) a title report from a member of the bar of the state in which the property is located
certifying that such individual is the record owner of the property and listing the
amount(s) of all liens and mortgages on the property, including all but the current
year's real estate taxes.
(c) Members of the Bar and Court Officers Ineligible. No member of the bar or officer or
employee of the Court may be surety or guarantor of any bond or undertaking in any
proceeding in this Court.
(d) Execution of Bond. Except as otherwise provided by law, it shall be sufficient if a bond or
similar undertaking is executed by the surety or sureties alone, and not by the party on whose
behalf such security is provided.
(e) Approval of Bond. Except as otherwise provided by law, the Clerk may approve a bond the
amount of which has been fixed by the Court, or by statute or rule, and which is secured in
the manner provided by subsections (a)(1) - (a)(3) of this Rule.
(f) Modification of Bond. The amount or terms of a bond or similar undertaking may be
changed at any time, as justice requires, by order of the Court on its own motion or on
motion of a party.
(g) Return of Bond. No item surrendered as a condition of bail shall be returned, nor shall any
obligation of surety be discharged, except upon written order of the Court.
Effective 12/1/19: §(g) added from deleted LR Cv 46.1; Effective 1/5/09: §(a)(2) deleted, and §(a)(3) re-designated as
(a)(2).
U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS
CROSS-REFERENCES
See LR Cr 46 (Return of Bond) and LR Cv 65.1 (security and sureties in civil cases).
See 31 U.S.C. § 9304 et seq. (certificates of authority)
U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS
