RULE 11.4 BONDS IN NON-CRIMINAL MATTERS
Effective Date: 3/1/2021
(a) Personal Sureties.
(1) Schedules. Bonds having personal sureties and requiring approval by the court will be approved by the court only if the sureties have executed schedules of property in a form approved by the court, sufficient to justify the bond.
(2) Filing of Schedules. If the persons offered as sureties are accepted by the court, the schedules of property must be filed with the bond.
(3) Notice. If the persons offered as sureties are accepted by the court, copies of the schedules of property must be served upon all opposing parties in the manner prescribed by N.D.R.Civ.P. within 48 hours after the acceptance of the sureties.
(b) Rejustification of Sureties. Any person assured by a bond executed in court may by motion request the sureties to rejustify. The motion must be accompanied by a declaration showing grounds for believing the sureties to be insufficient, the manner of inquiry, and the facts ascertained. If the court finds that the declarant's belief is well-founded, it may order either that the sureties justify within a time specified or furnish a new bond having sufficient sureties.
(c) Official Bonds. Official bonds to be approved by the court must be submitted to and approved by the judge presiding in the case, unless approval by more than one judge is required by law.
EXPLANATORY NOTE
Rule 6.1 was amended, effective March 1, 2021.
Rule 6.1 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
SOURCES: Joint Procedure Committee Minutes of April 24, 2020, pages 4-5.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. ch. 31-15.