Rules Governing Persons Authorized to Admit to Bail Out of Court

Rules Governing Persons Authorized to Admit to Bail Out of Court  Bail Rule 43

Effective Date: 07/01/2014

Table of Contents

Rule 43

All certificates (affidavits) of sureties required by G.L. c. 276, § 61, and any amendments thereof that may be made, shall comply with all requirements of the statute. All sureties shall answer the following questions under an oath administered by the bail magistrate:

"Have you received or been promised pay or reward for acting as surety in this case?"

"Do you expect to receive pay or reward or a promise of pay or reward for your becoming surety in this case?"

"Are you approved and registered with the Superior Court as a professional bondsman?"

(This question is to be answered whether or not the other answers of the surety indicate that he is acting for hire.)

"Have you become bail or surety in criminal cases on five separate occasions during the now current calendar year?"

The surety, pursuant to G.L. c. 276, § 61, must complete an inventory of his net worth, including a full and detailed description of all personal and real property. A bail magistrate shall make careful inquiry as to the surety's ownership of such property. For example:

A. Motor vehicles

full information as to:

(a) mortgages, liens, and other encumbrances;

(b) engine number;

(c) make, type, mileage, and year of manufacture;

(d) nature of use being made of it;

(e) location of garage where it is usually kept; and

(f) assessed value, if any;

B. Shares of capital stock of corporations

full information as to:

(a) exact corporate name of corporation;

(b) name of state of incorporation;

(c) class of stock, whether common or preferred;

(d) par value of each share of stock;

(e) market value of the stock and whether listed on any stock exchange. If not listed, state where there is a market for the stock;

(f) whether or not the stock stands in the surety's name on the books of the corporation. If not in the surety's name, in whose name;

(g) whether or not the stock is subject to any existing pledge, mortgage, or other lien and, if it is, for how much and to whom and the nature of the obligation for which it is security; and

(h) whether or not dividends have been regularly paid on the stock and if so, how much in each of the last three years.


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