DE · rules
Del. Ct. Com. Pl. Civ. R. 108
Sureties
(a) Surety companies. Each surety company shall, in the month of January in each year, file with the
Clerk of the Court of the Court of Common Pleas, in each county in which such surety company is
engaged in business, a power of attorney authorizing the execution of bonds by the attorney in fact
designated in said power of attorney, before the Courts shall accept or approve such company as surety.
Nothing herein contained shall prohibit the execution by a surety company of any bond within this State
by its proper officers as required by law.
(b) Attorneys and other officers. No attorney, or other officer of this Court, shall be taken, directly or
indirectly, as special bail or surety in any case pending in, or appealed to, this Court. This prohibition
shall also apply to any agent, employee, member of the immediate family of any such attorney or court
officer, or any corporation in which such attorney or court officer owns a controlling interest. This
prohibition shall not apply to any bond in which the attorney, court officer, agent, employee or family
member, as above defined, may be the principal. The phrase “member of the immediate family” shall
include the spouse, father, mother, father-in-law, mother-in-law, son, daughter, brother, sister, brother-in-law, or sister-in-law or any such attorney or Court officer.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
b67e9c9298f9139df2c08de697484a3845ee9b67436699fcbf8246166c374840
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