LCvR62 – Stay of Proceedings to Enforce a Judgment

LCvR62-1 Supersedeas Bonds and Other Security.

(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.