Bonds and Other Sureties

(a) Attorney as Surety. An attorney may not act as a surety for any cost or bond in a case where the attorney has entered an appearance. (b) Bond for Costs on Appeal. The Court may require an appellant to file a bond or provide other security in a form and amount necessary to ensure payment of costs on appeal.

(c) Corporate Sureties. A surety company must be duly qualified to conduct business in New Mexico and hold a certificate of authority from the United States Secretary of the Treasury. An agent executing a bond from a surety company must attach a power of attorney to the bond. (d) Supersedeas Bonds.

(1) The amount of a supersedeas bond must cover the judgment, interest and allowable costs. Interest will be computed at the current rate of United States Treasury obligations. A party seeking approval of the bond must file a motion that complies with the requirements of D.N.M.LR-Civ. 7. (2) The United States, any state, or any of their political subdivisions, officers or agents need not post a supersedeas bond or other undertaking to secure payment of costs on appeal.

16 RULE 67.

Deposit in Court.