“The court may allow the giving of a bond in lieu of arrest, prescribing in the bench warrant the penalty of the bond and the return day for the defendant.” MCR 3.606(C)(1).
“The defendant is discharged from arrest on executing and delivering to the arresting officer a bond
(a) in the penalty endorsed on the bench warrant to the officer and the officer’s successors,
(b) with two sufficient sureties,[1] and
(c) with a condition that the defendant appear on the return day and await the order and judgment of the court.” MCR 3.606(C)(2).
“On returning a bench warrant, the officer executing it must return the bond of the defendant, if one was taken. The bond must be filed with the bench warrant.” MCR 3.606(C)(3).
Attorneys may not become sureties or post bonds for their clients in contempt proceedings. MCL 600.2665.
If the defendant who has executed a bond under MCR 3.606(C) fails to appear on the return date set in the bench warrant, the court may assign the bond to the aggrieved party for an action to recover that party’s damages and costs. MCR 3.606(D). The aggrieved party may recover on the bond by the summary procedure outlined in MCR 3.604(H) and MCR 3.604(I). If the defendant fails to appear and the court does not assign the bond to the aggrieved party, the court must assign the bond to the prosecuting attorney or attorney general with an order to prosecute the bond under MCR 3.604. MCR 3.606(E).
1 A single corporate surety licensed to do business in the state is sufficient. MCL 600.2621; MCR 3.604(G).