Supreme Court Rules - Rule 37 - Statutory and Ordinance Violations and Violation Bureaus: Bonds - Forfeiture - Procedural Notice - Judgment

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	37.26
Subject:	Rule 37 - Statutory and Ordinance Violations and Violation Bureaus	Publication / Adopted Date:	May 14, 1985
Topic:	Bonds - Forfeiture - Procedural Notice - Judgment - Setting Aside Forfeiture	Revised / Effective Date:	July 1, 2004

37.26. Bonds - Forfeiture - Procedural Notice - Judgment - Setting Aside Forfeiture

If there is a breach of a condition of a bond, the court in which the case is pending may declare a forfeiture of the bond. The court may direct that a forfeiture be set aside upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. When a forfeiture has not been set aside, the court on the prosecutor’s motion may enter a judgment of default and execution may issue thereon.

By entering into a bond the obligors submit to the jurisdiction of the court in which the defendant is required to appear and irrevocably appoint the clerk as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on the prosecutor’s motion without the necessity of an independent action. The motion and notice of the hearing as the court prescribes may be served on the clerk, who shall forthwith mail a copy to each of the obligors.

(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended December 23, 2003, eff. July 1, 2004.)