Release of Bond (Amended January 1, 2012)

U.S. District Court for the Northern District of New York

Rule Set: Local Rules of the U.S. District Court for the Northern District of New York

Rule: 57.2

Jurisdiction: NDNY

Bluebook Citation: N.D.N.Y. L.R. 57.2

When a defendant has obtained release by depositing a sum of money or other collateral as bond as provided by 18 U.S.C. § 3142, the payee or depositor shall be entitled to a refund or release thereof when the conditions of the bond have been performed and the defendant has been discharged from all obligations thereon. The defendant's attorney shall prepare a motion and proposed order for the release of the bond and submit the motion to the Court for the assigned judge's signature. Absent direction from a Judicial Officer of the Northern District indicating otherwise, Clerk’s Office personnel shall not accept cash, personal checks or credit cards as collateral for bail. However, bail may be posted with other forms of legal tender, including, but not limited to, money orders and bank-certified checks.

Unless otherwise specified by court order, or upon such proof as the Court shall require, all bond refunds pursuant to this Rule shall be disbursed to the surety named on the bond, or if there is no surety named, the defendant.

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