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DE · rules

Del. Ct. Com. Pl. Civ. R. 108

Sureties

activein force · 2023-01-10 – presentact-effective-date

(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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