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32-02 Qualifications of Sureties

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CHAPTER 32-02QUALIFICATIONS OF SURETIES32-02-01. Qualifications of sureties - Personal. Any person to be qualified to becomesurety on any bond or undertaking required in any court must be a resident and a householder or<br>a freeholder in the state, and an affidavit to that effect must be annexed to the bond or<br>undertaking. Such affidavit also shall state an amount each surety is worth above the surety's<br>liabilities and exemptions, and the total worth of such sureties must be double the sum named in<br>the bond or undertaking.32-02-02. Exception to sureties. Any party for whose benefit a bond or undertaking isrequired in any proceeding, within three days after service of a copy thereof, may except to the<br>sufficiency of the sureties thereon. In such case the party furnishing such bond or undertaking<br>either may cause the sureties to justify as hereinafter provided or to furnish a new bond or<br>undertaking subject to like justification of sureties.32-02-03. Notice of justification. If the party who furnished the bond excepted to electsto cause the party's sureties to justify, the party, within three days after receipt of the notice of<br>exception, shall give a written notice to the party excepting, of the justification of the sureties of<br>the party who furnished the bond before the judge at the court in which the proceedings are filed,<br>by appearance at a specified time and place, the time to be not less than three nor more than ten<br>days thereafter.32-02-04. Attendance of witnesses. The judge of the court before whom a justificationproceeding is pending may issue and cause to be served subpoenas to compel attendance of<br>any necessary witnesses, including the sureties excepted to, at the time and place set for such<br>justification proceeding, or may permit their depositions to be taken in lieu of personal<br>appearance.32-02-05. Examination of sureties. For the purpose of justification, each of the suretiesexcepted to shall appear before the judge personally or by deposition at the time and place<br>mentioned in the notice and may be examined on oath on the part of the excepting party<br>touching the surety's sufficiency in such manner as the judge of the court may think proper. The<br>examination shall be taken stenographically. The costs of the justification shall be paid by the<br>party offering the sureties, if the same are found not sufficient, but if sufficient, then the party<br>excepting shall pay such costs. Such costs shall be taxed by the court in which the action is<br>pending as other costs are taxed.32-02-06. Finding by judge. The judge of the court shall annex the examination to theundertaking, endorse the judge's finding of sufficiency or insufficiency thereon, and cause the<br>same to be filed in the office of the clerk of the court in which the action is pending.32-02-07. New bond may be furnished. If the judge finds the sureties insufficient, theparty furnishing the bond or undertaking may have three days within which to furnish a new bond<br>or undertaking, the sureties on which also shall be subject to justification as provided herein.Page No. 1Document Outlinechapter 32-02 qualifications of sureties