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Supreme Court Rules

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		Section/Rule:	33.14
Subject:	Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Bonds - Forfeiture - Procedural Notice - Judgment - Setting Aside Forfeiture	Revised / Effective Date:	Janaury 1, 2021

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33.14. Misdemeanors or Felonies - Bonds - Forfeiture - Procedural Notice - Judgment - Setting Aside Forfeiture

(a) If there is a breach of a condition of a bond, the court in which the criminal case is pending may declare a forfeiture of the bond. Upon declaring a forfeiture of the bond, the court shall set a hearing on the matter to determine whether the forfeiture should be set aside or a judgment of forfeiture entered.

(b) Such declaration and notice of the hearing as the court prescribes shall be served on the clerk, who shall send notice of the hearing along with a copy of the declaration to each obligor of the bond at the last known address provided by the obligor to the court and to the defendant and prosecutor. The declaration and notice shall include:

(1) The hearing date, time and location;

(2) The condition of bond alleged to have been breached;

(3) The amount of bond subject to forfeiture;

(4) Notice to the obligor that the obligor may appear and:

(A) Show cause as to why the forfeiture should be set aside,

(B) Surrender the defendant and pay all costs and expenses caused by the defendant's breach of the bond condition(s), or

(C) Deposit cash in the amount of the bond with the court;

(5) Notice that, upon surrender of the defendant and payment of costs and expenses caused by the breach of the bond condition(s) or deposit of cash in the amount of the bond, the obligor will be discharged from further debt and obligation under the bond; and

(6) Notice that failure to appear may result in a bond forfeiture judgment in the amount of the bond against the obligor; that execution against obligor's property may be issued; and that, if a bond forfeiture judgment is entered, the obligor will be disqualified from writing any additional bonds until the judgment is set aside or satisfied.

(c) 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, following a hearing, the court may enter a judgment of bond forfeiture and execution may issue thereon.

(d) 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 of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced upon declaration of forfeiture and following notice and hearing as set forth in subsection (b) above without the necessity of an independent action.

(e) Each obligor shall give written notice to the clerk of the court in which the case is pending of any change of address.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 30, 2020; eff. Jan. 1, 2021.)

Committee Note - 1980

Compare: Prior Rule 22.17 and prior Rule 32.12.