Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

Whenever any person who now or hereafter may be required or permitted to give a bond applies for the approval thereof, any officer or body who is now or shall hereafter be required to approve the sufficiency of such bond shall accept and approve the same, whenever its conditions …

The premium for any such guaranty or surety company bond as defined in section 636.14 , may, by the approval of the court, be paid out of the trust funds in the hands of the party of whom the bond is required. [SS15, §360; C24, 27, 31, 35, 39, § 12764; C46, 50, 54, 58, 62, 66, 71…

The certificate of the commissioner of insurance, to the effect that such company has complied with the requirements of chapter 515 and is authorized to do business in this state, shall be sufficient evidence to authorize the officer or body having the approval of such bond to ac…

No such security shall be accepted on any bond for an amount in excess of ten percent of the paid-up cash capital of such company or corporation unless the excess shall be reinsured in some other company or corporation authorized to do business in the state and in no case to exce…

Nothing contained in sections 636.14 through 636.17 shall apply to bonds in criminal cases. [C97, §360; SS15, §360; C24, 27, 31, 35, 39, § 12767; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §682.18 ] C93, §636.18 2019 Acts, ch 59, §222

Such company or corporation may be released from its liability as such surety on any bond on the same terms and conditions, and in the same manner, as is by law prescribed for the release of natural persons as such sureties; it being the intent of this chapter to enable companies…

Such security, when not otherwise directed, may, if for the benefit of individuals, be given to the party intended to be secured thereby; if in relation to the public matters concerning the inhabitants of one county or part of a county, it may be made payable to the county; if co…

Whenever suit is required to be brought on any bond given by such company, service shall be had upon any agent of such company in this state, and if there is no agent in the state, then service may be had by serving the commissioner of insurance fifteen days before the term of co…

It shall be the duty of the commissioner of insurance, upon service being made upon the commissioner, to immediately mail a copy of the notice to the company at the company’s principal place of business, and any notice so served shall be deemed to be good and sufficient service o…

Any company which shall execute any bond as surety under the provisions of this chapter shall be estopped, in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute such instrument or assume such liability; and the pri…

All proposed investments of trust funds by fiduciaries shall first be reported to the court or a judge for approval and be approved and unless otherwise authorized or directed by the court under authority of which the fiduciary acts, or by the will, trust agreement, or other docu…

The population specified in section 636.23 shall be determined by the last preceding official federal census. The indebtedness of any municipality or governmental subdivision shall be determined by the official certificate of the officer of such municipality or district in charge…

Any fiduciary not governed by the probate code may by and with the consent of the court having jurisdiction over such fiduciary or under permission of the instrument creating the trust, continue to hold any investment originally received by the fiduciary under the trust or any in…

1. When any investment is made pursuant to approval of the court as required by section 636.23 or made or held by and with the consent of the court as provided in section 636.25 , such investment shall not be transferred and any security taken to secure such investment shall not …

The clerk or other person appointed in such cases to make the investment must receive all moneys as they become due thereon, and apply or reinvest the same under the direction of the court, unless the court appoints some other person to do such acts. [C51, §2509; R60, §4117; C73,…

Once in each year, and more often if required by the court, the person so appointed must, on oath, render to the court an account in writing of all moneys so received by that person, and of the application thereof. [C51, §2510; R60, §4118; C73, §254; C97, §367; C24, 27, 31, 35, 3…

When it is admitted by the pleadings, or shown by the examination of a party, that the party has in the party’s possession, or under the party’s control, any money or property capable of delivery, which is in any degree the subject of litigation, and which is held by the party as…

A defective bond or other security or affidavit in any case shall not prejudice the party giving or making the bond, security, or affidavit, provided that the defect is rectified, within a reasonable time after the defect is discovered, so as not to cause essential injury to the …

Whenever a court, in the exercise of its authority, has ordered the deposit or delivery of money or other property, and the order is disobeyed, such court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or property, and deposit or de…

Whenever any fiduciary not governed by the probate code shall desire to make a final report, and shall then have in the fiduciary’s possession or under the fiduciary’s control any funds, moneys, or securities due, or to become due, to any heir, legatee, devisee, or other person, …

If a fiduciary not governed by the probate code shall otherwise discharge all the duties imposed upon that fiduciary by such appointment, the fiduciary may take the receipt of the clerk of the district court for such funds, moneys, or securities so deposited, which receipt shall …

A fiduciary not governed by the probate code may file the receipt described in section 636.32 with the fiduciary’s final report, and if it shall be made to appear to the satisfaction of the court that the fiduciary has in all other respects complied with the law governing the fid…

Notice of a contemplated deposit under section 636.31 , and of final report, shall be given for the same time and in the same manner as is now required in cases of final report by personal representatives under the probate code. [C97, §370; S13, §370; C24, 27, 31, 35, 39, § 12781…

1. The clerk of the district court with whom any deposit of funds, moneys, or securities shall be made, as provided by any law or an order of court, shall enter in a book, to be provided and kept for that purpose, the amount of such deposit, the character thereof, the date of its…

The clerk shall be liable upon the clerk’s bond for all such funds, moneys, or securities which may be deposited with the clerk and shall make complete verified statements thereof as required by the supreme court. [C97, §371; S13, §371; C24, 27, 31, 35, 39, § 12783; C46, 50, 54, …

Each personal surety shall execute and file with the clerk an affidavit that the surety owns real estate subject to execution, other than real estate held in joint tenancy between persons other than cosureties, equal to double the amount of the bond, and shall include in the affi…

1. Insurance companies, savings associations, trustees, guardians, executors, administrators, and other fiduciaries, the state and its political subdivisions, and institutions and agencies thereof, and all other persons, associations, and corporations: a. May make such loans and …

No law of this state requiring security upon which loans or investments may be made, or prescribing the nature, amount or form of such security, or prescribing or limiting interest rates upon loans or investments which may be made, shall be deemed to apply to loans or investments…

It shall be lawful for any party of whom a bond, undertaking or other obligation is required, to agree with the party’s surety or sureties for the deposit of any or all moneys and assets for which the party and the party’s surety or sureties are or may be held responsible, with a…

Attorneys at law shall not be accepted as sureties upon any official bonds provided for in section 636.4 . [S13, §358; C24, 27, 31, 35, 39, § 12755; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §682.5 ] C93, §636.5 Referred to in §636.6 , 636.7 Qualifications for sureties on …

Whenever the board of supervisors of any county shall have knowledge that any attorney at law is surety upon any official bond, as prohibited under section 636.5 , it shall require the officer to forthwith file a new bond. [S13, §358; C24, 27, 31, 35, 39, § 12756; C46, 50, 54, 58…

Nothing in sections 636.5 and 636.6 shall exempt such person from any liability upon the bond signed by the person. [S13, §358; C24, 27, 31, 35, 39, § 12757; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §682.7 ] C93, §636.7

The officer whose duty it is to take a surety in any bond provided for or authorized by law shall require the person offered as surety to make affidavit of the person’s qualification, which affidavit may be made before such officer, or other officer authorized to administer oaths…

The taking of an affidavit under section 636.8 shall not exempt the officer from any liability to which the officer might otherwise be subject for taking insufficient security. [R60, §4125; C73, §250; C97, §359; C24, 27, 31, 35, 39, § 12759; C46, 50, 54, 58, 62, 66, 71, 73, 75, 7…