S.D. W. Va. LR Cr P 46.1

(a) General Requirements. Every bond must be executed by the defendant and principal obligor or one or more qualified sureties, if applicable, as provided in this rule.

(b) Corporate Sureties.

(1) A corporate surety must be qualified to write bonds under 31 U.S.C. §§ 9301–9309 and approved by the Secretary of the Treasury of the United States.

(2) The representative of the corporate surety that signs the bond must attach to the bond a power of attorney that establishes the representative’s authority to bind the corporate surety.

(c) Real-Property Bond.

(1) A person may serve as a surety on a real-property bond only by court order. A person seeking permission to serve as a surety on a real property bond must:

(A) offer as security real property located in the State of West Virginia, or other property as approved by a judge of this court, of an unencumbered value equal to or greater than the stated amount of the bond;

(B) be competent to convey the real property; and

(C) submit an affidavit and supporting documents including: (i) a legal description of the real property; (ii) a complete list of all encumbrances and liens on the real property; (iii) a current appraisal of the real property by a qualified appraiser; (iv) a waiver of inchoate rights; (v) a certification that the real property is not exempt from execution; and (vi) proof of payment of property taxes.

(2) Within 14 days after the court approves the real-property bond, the surety must file with the court a copy of a notice of encumbrance filed by the surety with the county recorder or registrar of titles that identifies the bond as an encumbrance on the real property.

(3) A real-property bond will be released only by court order.

(d) Cost Bonds. The court may, on motion or on its own, order a party to file a bond or other security for costs in an amount, and subject to conditions, specified by the court.

(e) Cash bonds. Deposit of cash bonds is governed by LR Civ P 67.1. Withdrawal of cash bonds is governed by LR Civ P 67.2.

(f) Personal Recognizance Bond. On a personal recognizance bond, the defendant promises to comply with all conditions imposed by the court. A defendant that fails to comply with a condition or fails to appear will be subject to penalties as authorized by statute.

(g) Objections. Any party may object to the issuance of a bond.

(h) All bonds must receive court approval.