Section 15-13-130 Cash bail – Undertaking of bail: Basis of and when forfeited. The basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, writ of error, or in any other case, is to ensure the appearance of the defendant in court, and the undertaking is forfeited by the […]
Section 15-13-131 Proceeding in forfeiture of bail – Not cash – Conditional forfeitures order. (a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to the court prior to the hearing, the court shall order a conditional forfeiture and show cause order […]
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court’s conditional forfeiture order to the defendant and […]
Section 15-13-133 Provisions of sureties address for service. It shall be the sole responsibility of any defendant or surety on bail to notify in writing the clerk of any court to which bail is returnable of the proper address for any service or notices and if the address is changed, then a new written notice […]
Section 15-13-134 Service of forfeiture notice. A conditional forfeiture notice may be served by any law enforcement officer, at the law enforcement office in the same manner as a summons in a civil action, except that service may not be by publication. At the law enforcement officer’s discretion and expense, the notice may be served […]
Section 15-13-135 Returns “not found” or certified mail returned. If the notice is not served on any of the parties to the undertaking, such other notices as are necessary, may, from time to time be issued, but two returns of “not found” by the proper officer are equivalent to personal service, unless one of the […]
Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days. In forfeiture cases where the clerk of the court has failed to issue the conditional forfeiture notice as stipulated in Section 15-13-132 and where there has been no service as set out in Section 15-13-134 made within 90 days of the order of […]
Section 15-13-137 Conditional judgment set aside, reduced, or made absolute. If the defendants appear and show sufficient cause for the default to be determined by the court, the conditional judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties fail to appear at the final forfeiture hearing, the […]
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture. The court shall set aside the conditional forfeiture in its entirety for the following reasons or under the following circumstances: (1) If the sureties can show that the defendant was hospitalized at the time he or she was to […]
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture has been made final or absolute and there is no further litigation pending on the forfeiture, and the surety locates the defendant and causes the […]
Section 15-13-140 Reasons for default heard at any time, and allowed without costs. Reasons for default shall be heard by the court on application, at any time when not engaged in other business. When a conditional judgment is set aside for sufficient cause, no cost shall be imposed on the sureties. This provision has no […]
Section 15-13-141 Revocation of authority to execute bail by clerk. In all cases where a conditional forfeiture has been made final by any court of the state or any of its subdivisions and there has been no further action or request filed with the court, appeal taken, application to the State Pardons and Paroles Board, […]
