§ 12-13-8 - Qualifications of sureties.
SECTION 12-13-8
§ 12-13-8 Qualifications of sureties.– (a) Whenever in any criminal case a defendant is required to recognize withsurety or sureties, each surety, other than an incorporated surety company dulyauthorized by law to give the recognizance, must be a resident or freeholderwithin this state, and must be the owner of property of value to the amountexpressed in the recognizance, over and above all incumbrances, but the justiceor persons taking the recognizance may allow two (2) or more sureties tojustify, provided they own in the aggregate property in value to the amount orsum for which the recognizance is given, over and above all incumbrances. Thejustice or person taking recognizance may require any surety offered to makeaffidavit or be examined orally under oath as to his or her qualifications asthe surety.
(b) Bail affidavits required for the posting of surety bailshall be approved and signed by any clerk, authorized by the presiding justicefor bail posted in the superior courts, and by any clerk authorized by thechief judge of the district court for bail posted in the district courts.Neither the attorney general, nor his or her designee shall be required toapprove the affidavits.