D. Neb. NECrimR 46.1

(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 Nebraska 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

Nebraska 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 rights 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.

(e) Cash Bonds.

Cash bonds may be deposited into the registry of the court, but only upon

execution and filing of a written bond sufficient in form and setting forth the

conditions of the bond. Withdrawal of deposited cash bonds may not be

made except upon a written court order.

(f) Insufficiency; Remedy.

The government may object to a bond's form or timeliness or the sufficiency

of the surety. If the bond is found to be insufficient, the judge may order that

a sufficient bond be filed within a stated time, and if the defendant does not

comply with the order, the judge may take other appropriate action,

including ordering that the defendant required to post a bond be taken into

custody.