Rule 80. Bonds and Undertakings

(a) Approval by Clerk. Except where approval by a

judge is required by law, the clerk is authorized to approve all

undertakings, bonds, and stipulations of security given in the

form and amount prescribed by statute or order of the court,

where the same are executed by approved surety companies.

(b) Qualifications of Sureties.

(1) Individuals. Each individual surety must be a resident

of the state. Each must be worth the sum specified in the

undertaking, exclusive of property exempt from execution, and

over and above all just debts and liabilities, except that where

there are more than two sureties, each may be worth a lesser

amount if the total net worth of all of them is equal to twice the

sum specified in the undertaking. No attorney at law, peace

officer, clerk of any court, or other officer of any court is

qualified to be surety on the undertaking.

(2) Corporations. A corporate surety must be in

compliance with applicable laws of the state, and must be

qualified by law to act as surety in furnishing bail.

(c) Affidavits of Sureties.

(1) Individuals. The undertaking must contain an

affidavit of each surety which shall state that the surety

possesses the qualifications prescribed by subdivision (b) of

this rule.

(2) Corporations. The undertaking of a corporate surety

must contain affidavits showing the authority of the agent to

act for the corporation and compliance by the corporation with

all statutory requirements.

.

(1) Individuals. The undertaking must contain an

affidavit of each surety which shall state that the surety

possesses the qualifications prescribed by subdivision (b) of

this rule.

(2) Corporations. The undertaking of a corporate surety

must contain affidavits showing the authority of the agent to

act for the corporation and compliance by the corporation with

all statutory requirements.

(d) Justification of Sureties.

(1) Information to Be Furnished. Sureties on any bond or

undertaking shall furnish such information as may be required

by the judge or magistrate judge approving the same, upon

forms provided by the clerk of court for such purpose.

(2) Examination as to Sureties’ Qualifications. Upon

three days’ notice to a party, an adverse party may require an

individual surety or the agent of a corporate surety to be

examined under oath concerning the surety’s qualifications.

Evidence as to such qualifications shall be taken before any

judge or magistrate judge who shall have the authority to

approve or reject the bond or undertaking.

(3) Where Not Applicable. The requirements set forth in

paragraphs (1) and (2) of this subdivision shall not apply to

individual sureties for a national banking association or for a

state bank or other financial institution regulated under Title 6

Alaska Statutes.

(e) Approval by Attorneys. Every recognizance, bond,

stipulation or undertaking hereinafter presented to the clerk or

a judge for approval shall have appended thereto a certificate

of an attorney, if a party is represented by an attorney,

substantially in the following form:

“Examined and recommended for approval as provided in

Rule 80.

Attorney”

Such endorsement by an attorney will signify to the court

that the attorney has carefully examined the recognizance,

bond, stipulation or undertaking, and that the attorney knows

the contents thereof; that the attorney knows the purposes for

which it is executed; and that in the attorney’s opinion the

same is in due form

amined and recommended for approval as provided in

Rule 80.

Attorney”

Such endorsement by an attorney will signify to the court

that the attorney has carefully examined the recognizance,

bond, stipulation or undertaking, and that the attorney knows

the contents thereof; that the attorney knows the purposes for

which it is executed; and that in the attorney’s opinion the

same is in due form. The recognizance, bond, stipulation or

undertaking shall further have appended thereto a form

substantially as follows:

“I

hereby

approve

the

foregoing.

Dated this _ day of __________, 19____.

______________

Judge (or Clerk)”

(f) Enforcement Against Sureties. By entering into a

bond or undertaking, the surety submits to the jurisdiction of

the court and irrevocably appoints the clerk of court as the

surety’s agent upon whom any papers affecting the surety’s

liability on the bond may be served. The surety’s liability may

be enforced on motion without the necessity of an independent

action. The motion and such notice of the motion as the court

prescribes may be served on the clerk who shall forthwith mail

copies to the surety if the surety’s address is known. Every

bond or undertaking shall contain the consent and agreement

of the surety to the provisions of this subdivision of this rule.

(g) Cash Deposit in Lieu of Bond. A cash deposit of the

required amount may be made with the clerk in lieu of

furnishing a surety bond. At the time of such cash deposit,

there shall be filed a written instrument properly executed and

acknowledged by the owner of the cash, or by the owner’s

attorney or authorized agent, setting forth the conditions under

which the deposit is being made, the ownership of the fund,

and the consent and agreement to the provisions of subdivision

(f) of this rule.

eu of

furnishing a surety bond. At the time of such cash deposit,

there shall be filed a written instrument properly executed and

acknowledged by the owner of the cash, or by the owner’s

attorney or authorized agent, setting forth the conditions under

which the deposit is being made, the ownership of the fund,

and the consent and agreement to the provisions of subdivision

(f) of this rule.

(h) Cash Deposit for Bail. A person depositing cash for

bail is not subject to the requirements of subsection (f) and (g)

but must agree to the terms of the Alaska Court System’s cash

bond agreement for bail.

Cross References

(a)

CROSS REFERENCE: AS 09.68.030

CROSS REFERENCE: Criminal Rule 41.