(a) General Requirements. Every bond must be executed by the defendant and
principal obligor or one or more qualified sureties, if applicable, as provided in this
rule.
(b) Corporate Sureties.
(1) A corporate surety must be qualified to write bonds under 31 U.S.C.
§§ 9301–9309 and approved by the Secretary of the Treasury of the United
States.
(2) The representative of the corporate surety that signs the bond must attach to
the bond a power of attorney that establishes the representative’s authority
to bind the corporate surety.
(c) Real-Property Bond.
(1) A person may serve as a surety on a real-property bond only by court order.
A person seeking permission to serve as a surety on a real property bond
must:
(A) offer as security real property located in the State of West Virginia,
or other property as approved by a judge of this court, of an
unencumbered value equal to or greater than the stated amount of
the bond;
(B) be competent to convey the real property; and
(C) submit an affidavit and supporting documents including: (i) a legal
description of the real property; (ii) a complete list of all
encumbrances and liens on the real property; (iii) a current appraisal
of the real property by a qualified appraiser; (iv) a waiver of inchoate
rights; (v) a certification that the real property is not exempt from
execution; and (vi) proof of payment of property taxes.
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(2) Within 14 days after the court approves the real-property bond, the surety
must file with the court a copy of a notice of encumbrance filed by the surety
with the county recorder or registrar of titles that identifies the bond as an
encumbrance on the real property.
(3) A real-property bond will be released only by court order.
(d) Cost Bonds. The court may, on motion or on its own, order a party to file a bond or
other security for costs in an amount, and subject to conditions, specified by the
court.
(e) Cash bonds. Deposit of cash bonds is governed by LR Civ P 67.1. Withdrawal of
cash bonds is governed by LR Civ P 67.2.
(f) Personal Recognizance Bond. On a personal recognizance bond, the defendant
promises to comply with all conditions imposed by the court. A defendant that fails
to comply with a condition or fails to appear will be subject to penalties as
authorized by statute.
(g) Objections. Any party may object to the issuance of a bond.
(h) All bonds must receive court approval.
