Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
Federal Rule of Criminal Procedure 45 applies when computing any period of time
specified in these rules.
Bonds and Other Sureties.
46.1
(a)
General Requirements.
(b)
(c)
(d)
Unless a judge supervising a criminal action under 18 U.S.C. § 3142
expressly directs otherwise, the principal obligor and one or more sureties
qualified as provided in this rule must execute every bond, recognizance, or
other undertaking required by law or court order in any proceeding.
Unacceptable Sureties.
An attorney in a case, the attorney's spouse or employee, a party to a case,
and the party's spouse may not act as a surety on a bond or other
undertaking in a criminal case.
Corporate Surety.
A corporate surety upon any undertaking in which the United States is the
obligee must be qualified under 31 U.S.C. §§ 9301-9309 and approved by
the Secretary of the Treasury of the United States. The parties may consult
with the clerk to confirm that a surety is qualified. In all other instances, a
corporate surety qualified to write bonds in the State of Nebraska is an
acceptable surety. In all cases, a power of attorney showing the authority of
the agent signing the bond must be attached to the bond.
Personal Surety.
Persons competent to convey real estate who own land in the State of
Nebraska of an unencumbered value of at least the stated penalty of the
bond may obtain consideration for qualification as a surety by attaching an
acknowledged justification showing:
(1)
a legal description of the real estate;
(2)
a complete list of all encumbrances and liens on the real estate;
(3)
the real estate's market value based on recent sales of like property;
(4)
a waiver of inchoate rights of any character and certification that the
real estate is not exempt from execution; and
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