Security

(a) When a bond, undertaking, or stipulation is required, it will be sufficient, unless

otherwise prescribed by law, if the instrument is executed by the security provider.

(b) Unless otherwise provided by law, a bond, undertaking, or stipulation must be

secured by:

(1)

the deposit of cash or government bonds in the amount of the bond,

undertaking, or stipulation; or

(2)

the undertaking or guaranty of a corporate security provider holding a

certificate of authority from the Secretary of the Treasury; or

(3)

the undertaking or guaranty of two individual residents of the district in

which the case is pending, each of whom owns real or personal property

within the district worth double the amount of the bond, undertaking, or

stipulation, over all his or her debts and liabilities, and over all obligations

assumed by the surety on other bonds, undertakings or stipulations, and

exclusive of all legal exemptions.

(c) Except as otherwise provided by law, all bonds, undertakings and stipulations of

corporate security providers holding certificates of authority from the Secretary of

42

Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

the Treasury, where the amount of the bonds or undertakings has been fixed by a

judge or by court rule or statute, may be approved by the clerk.

(d)

In the case of a bond, or undertaking, or stipulation executed by individual

security provider, each provider must attach its affidavit of justification, giving the

surety’s full name, occupation, residence and business addresses, and showing

that the provider is qualified as an individual security provider under paragraph

(b) of this rule.

(e) Members of the bar who have appeared in the case must not act as a security

provider in the case. Administrative officers and employees of the court, the

marshal, and the marshal’s deputies and assistants, must not act as a security

provider in any suit, action or proceeding pending in this court.

(f) Whenever a notice of motion to enforce the liability of a security provider on a

bond is served on the clerk under Fed. R. Civ. P. 65.1 or Fed. R. App. P. 8(b), the

party making the motion must deposit with the clerk the original, three copies,

and one additional copy for each provider to be served.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.