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W.D. Okla. LCvR62.2

Bonds and Other Security

activein force · 2026-04-23 – presentact-effective-date

(a) Scope of Rule. Whenever a security, bond, or undertaking is required by

federal statute, the Federal Rules of Civil Procedure, or by an order of the court, and the form or

amount thereof is not otherwise specified in or determined by the statute, rule, or order, the

amount and form thereof shall be as provided by this local rule.

(b) Security for Costs. On its own motion or upon motion of a party in interest,

the court may at any time order any party to give security, bond, or undertaking in such

amount as the court may order for the payment of costs or for performance of other

conditions or requirements imposed in an action or proceeding.

(c) Corporate Surety. No security, bond, or undertaking with corporate surety

shall be accepted or approved unless (1) the corporate surety is in compliance with the

provisions of 31 U.S.C. §§ 9301-09, and (2) there is on file with the clerk a duly authenticated

power of attorney appointing the agents or officers executing such obligation to act on behalf

of the corporate surety. If an agent or officer so appointed is removed, resigns, dies, or

becomes disabled, the corporate surety shall notify the court in writing.

(d) Cash or Negotiable Bonds of the United States. In lieu of corporate surety, a

party may deposit with the clerk the required amount in lawful money or negotiable bonds of

the United States accompanied by a written instrument, to be approved by the court, executed

and acknowledged by the party and setting forth the conditions upon which the deposit is

made. Where the true owner is other than the party making the deposit, the instrument shall

so state and shall also be executed and acknowledged by the true owner. Upon exoneration

of the deposit, it may be returned by the clerk to the named true owner, after application to

claims of the United States in the proceedings and to proper fees of the marshal and clerk.

(e) Submission to Jurisdiction - Agent for Service of Process. Notwithstanding

any provision of a security instrument to the contrary, every surety or depositor of security is

subjected to the jurisdiction of this court. The clerk of the court is irrevocably appointed

agent upon whom any papers affecting the surety’s or depositor’s liability may be served, and

consents that liability shall be joint and several, that judgment may be entered in accordance

with the obligation simultaneously with judgment against the principal, and that execution

may thereupon issue against the appropriate property.

(f) Further Security for Justification of Personal Sureties. Upon reasonable

notice to the party presenting the security, any other party for whose benefit it is presented

may apply to the court at any time for further or different security or for an order requiring

personal sureties to justify.

(g) Court Officers Not Allowed as Sureties. Unless a party to the action, no

clerk, marshal, member of the bar, or other officer of this court will be accepted as surety,

either directly or indirectly, on any bond or undertaking in any action or proceeding in this

court.

Provenance

Source
www.okwd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
563d1380b86f4caf4f839b51b910af3859579f78565af141f23e706901cc80f0
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W.D. Okla. LCvR62.2 — Bonds and Other Security · binding.law