§ 995.210 Bond in lieu of undertaking; undertaking in lieu of bond

§ 995.210. Bond in lieu of undertaking; undertaking in lieu of bond

    Unless the provision or context otherwise requires:

    (a) If a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond may be given in its place with the same effect as if a bond were given, and references in the statute to the bond shall be deemed to be references to the undertaking.

    (b) If a statute provides for an undertaking, a bond that otherwise satisfies the requirements for the undertaking may be given in its place with the same effect as if an undertaking were given, and references in the statute to the undertaking shall be deemed to be references to the bond.

    VALIDITY

    This section was held preempted by the federal procedural rule prohibiting unsecured stays in the case of Leuzinger v. County of Lake, N.D.Cal.2008, 253 F.R.D. 469.