S.D. Ala. Crim. L.R. 46

(a) General Requirements. Unless a Judge supervising a criminal action

under 18 U.S.C. § 3142 expressly directs otherwise, the principal obligor and

one or more sureties qualified as provided in this Rule must execute every bond,

recognizance, or other undertaking required by law or Court order in any

proceeding.

(b) Unacceptable Sureties. An attorney in a case, the attorney’s spouse or

employee, a party to a case, and the party’s spouse may not act as a surety on a

bond or other undertaking in a criminal case.

(c) Corporate Surety. A corporate surety upon any undertaking in which the

United States is the obligee must be qualified under 31 U.S.C. §§ 9301–9309

and approved by the Secretary of the Treasury of the United States. The

parties may consult with the Clerk to confirm that a surety is qualified. In all

other instances, a corporate surety qualified to write bonds in the State of

Alabama is an acceptable surety. In all cases, a Power of Attorney showing the

authority of the agent signing the bond must be attached to the bond.

(d) Personal Surety. Persons competent to convey real estate who own land

in the State of Alabama of an unencumbered value of at least the stated penalty

of the bond may obtain consideration for qualification as a surety by attaching

an acknowledged justification showing:

(1) A legal description of the real estate;

(2) A complete list of all encumbrances and liens on the real estate;

(3) The real estate’s market value based on recent sales of like property;

(4) A waiver of inchoate right of any character and certification that the real

estate is not exempt from execution; and

(5) Certification of the aggregate amount of the penalties of any other

subsisting undertakings assured by the bondsman as of that date.

The Judge before whom the proceeding is pending will approve or disapprove

the surety after reviewing the justification and certifications.