65.1.1 Sureties

(a) Members of Bar; Court Officers

No member of the bar, clerk, marshal, or other officer or employee of the court may act as surety or guarantor of any bond or undertaking in any proceeding in this court.  An attorney who wishes to act as surety in an individual capacity as a relative or close friend of a party to a proceeding in this court must first obtain permission from the court.

(b) Form of Bond

Surety bonds shall be signed and acknowledged by the party and  surety or sureties.  They shall refer to the statute, rule, or court order under which they are given, state the conditions of the obligation, and contain a provision expressly subjecting them to all applicable federal statutes and rules.

(c) Security

Except as otherwise provided by law or by order of the court, a bond or similar undertaking must be secured by the:

(1) deposit of cash or obligations of the United States of a type acceptable as collateral to the Treasury Department of the United States under 31 C.F.R. § 225 in the amount of the bond; or

(2) guaranty of a company or corporation holding a certificate of authority from the Secretary of the Treasury Department of the United States pursuant to 31 U.S.C. § 9304, et. seq.; or

(3) guaranty of an individual resident of this district who owns unencumbered real or personal property within the district worth the amount of the bond in excess of legal obligations and exemptions.  Property held jointly is acceptable provided all joint tenants execute the bond.

(d) Deposits of Cash or Obligations of the United States

Such deposits shall be accompanied by a written statement, duly acknowledged, that the signer is owner thereof, that the same is subject to the conditions of the bond, and that the clerk may collect or sell the obligations and apply the proceeds or the cash deposited in case of default as provided in the bond.

(e) Corporate Surety

Before any corporate surety bond or undertaking is accepted by the clerk's office, the corporate surety must have on file with the clerk's office a duly authenticated copy of a power of attorney appointing the agent executing the bond or undertaking.

(f) Personal Surety Secured by Real Estate

(1) Procedure for Posting Real Estate Bond

An individual posting a real estate bond shall execute an affidavit of surety that shall provide the following information:

(A) the individual's name, occupation, and residential and business addresses; and

(B) a statement that the affiant will not encumber or dispose of the property while the bond remains in effect.

The individual shall attach to the affidavit:

(A) a statement as to assessed value from the town or city clerk's office wherein the property is located or, if not available, an appraisal by a licensed appraiser; and

(B) a title report from a member of the New Hampshire bar listing all liens and mortgages on the property, including all but the current year's real estate taxes, or evidence that the title has been insured by a title insurance company licensed by the State of New Hampshire.

(2) Execution of Bond and Deposit of Deed

All parties to the deed and the real estate bond shall execute the bond and take the oath.  A certified copy of the deed for each tract subject to the bond shall be deposited with the clerk.

When real estate is pledged as a condition of bail in criminal cases, the United States Attorney shall review all papers submitted and shall file a position statement with the court regarding the proposed attachment.

(3) Attachment

The party on whose behalf the deed is pledged shall:

(A) promptly file a writ of attachment, signed by the court, against the property in the Office of the Registrar of Deeds of the county in which the property is located; and

(B) file with the court the original paid receipt from the Registrar's Office indicating the book and page number where the attachment was recorded.

(g) Approval of Bond

Except as otherwise provided by law, the clerk may accept a bond in the amount fixed by the court or by statute or rule and secured in the manner provided by subsection (c)(1) or (2) of this rule.  All other bonds must be approved by the court.

A bond or undertaking presented to the clerk for acceptance shall be accompanied by a certificate by the attorney for the presenting party in substantially the following form:

This bond (or undertaking) has been examined pursuant to Local Rule 65.1.1 and is recommended for approval.  It (is) (is not) required by law to be approved by a judge.

[DATE]                                                               [ATTORNEY]

(h) Service

The party on whose behalf a bond is given shall promptly, after approval or filing of the bond, serve a copy of it on all other parties to the proceeding, but such service need not be made on the United States in a criminal case.

(i) Modification of Bond

The court, on its own initiative or on motion of a party, may after the amount or terms of a bond or similar undertaking at any time as justice requires.

(j) Further Security

The court, on its own initiative or on motion of a party, may order a party to furnish further or different security or require personal sureties to furnish further justification.

(k) Discharge

Upon satisfaction of the conditions of the bond or similar undertaking, the monies or obligations shall be returned to the owner only on an order of the court.

History

(§ (c)(2) amended 1/1/99)