United States District Court - Northern District of Illinois

General Rules

Rule 26


Rule 26 Sureties On Bonds

A. Execution Of Bonds

Bonds and similar undertakings may be executed by the surety or sureties alone, except in bankruptcy and criminal cases or where a different procedure is prescribed by law.

B. Security For Bonds

Except as otherwise provided by law, every bond or similar undertaking must be secured by (1) the deposit of cash or obligations of the United States in the amount of the bond, or (2) the undertaking or guaranty of a corporate surety holding a certificate of authority from the Secretary of the Treasury, or (3) the undertaking or guaranty of two individual residents of the Northern District of Illinois.

C. Affidavit Of Justification

An individual executing a bond as a surety pursuant to subdivision (B)(3) of this rule shall attach his/her affidavit of justification, giving his/her full name, occupation, residence and business addresses and showing that he/she owns real or personal property within this district which, after excluding property exempt from execution and deducting his/her debts, liabilities and other obligations (including those which may arise by virtue of his/her suretyship on other bonds or undertakings), is properly valued at no less than twice the amount of the bond.

D. Restriction On Sureties

No member of the bar nor any officer or employee of this court shall act as surety in any action or proceeding in this court.