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Eastern District of Texas

Honorable Rodney Gilstrap, Chief Judge
David A. O'Toole, Clerk of Court

Bonds and Power of Attorney

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Requirements for a Bond to Stay Proceedings Enforcing a Judgment

See the filing requirements found in Local Rule CV-62.

Surety Bonds

The U.S. Treasury’s list of companies approved to provide surety is updated quarterly, so you must check it each time you file a surety bond to ensure that the company is currently authorized to provide surety and confirm that the bond will not exceed the company’s underwriting limits. Also take note of the surety corporation’s address and the state of incorporation. If either is not in Texas, a power of attorney requirement applies.

Power of Attorney Appointing a Resident Agent for a Surety Corporation for Service of Process In the Eastern District of Texas

31 USC § 9306 requires a surety corporation that wishes to provide surety in a district outside the state under whose laws it was incorporated and in which its principal office is located to have a resident agent for service of process in the district. For such a corporation to be allowed to provide surety in the U.S. District Court for the Eastern District of Texas, the resident agent may be either:

  • a Texas official authorized or appointed under Texas law to receive service of process for the surety corporation, or
  • an individual who resides in the Eastern District of Texas and who is appointed by the surety corporation by means of a power of attorney. Pursuant to 31 CFR § 224.5, a certified copy of the power of attorney must be filed with the clerk and sufficient authenticated copies for the divisions in which the court sits be delivered to our main office.

To file a power of attorney, please send the items below to our Tyler Division (you may call the same office to confirm if a surety corporation already has a power of attorney on file):