(a) Where a bond secured by a surety is required pursuant to this Chapter, the judge may require the person seeking to be the surety to show by affidavit that he is worth the amount of the bond and is otherwise responsible. In the affidavit the person may be required to describe the property by which he proposes to justify and the encumbrances thereon, and to list all his other assets and liabilities. The judge may further examine the person under oath and may call and examine witnesses to determined whether the person is qualified. (b) Nothing in this Section precludes the judge from allowing two or more sureties to justify severally in amounts less than that expressed in the bond, if the whole justification equals the amount required.
NOTE: Section 40.25 is based on former Rule 46(e)and §§ 1279-1280b. However, § 40.20 now provides the court greater flexibility in setting the terms of the appearance bond. The bond may be unsecured or secured, in whole or in part, by deposit or the obligation of sureties. Because of this flexibility no purpose would be served in requiring the surety to show more than sufficient solvency and responsibility. Hence, this Section eliminates some of the specificity regarding qualifications of the surety contained in the former sections. If, however, there is a fear that the surety's solvency or responsibility may be illusory or temporary the court can require actual deposit. See §§ 40.20, 40.30.