When Appearance Bond Not Forfeited by Failure to Attend; Setting Aside Forfeiture of Appearance Bond

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Civil Practice and Procedure Generally
  5. General Provisions
  6. When Appearance Bond Not Forfeited by Failure to Attend; Setting Aside Forfeiture of Appearance Bond

Checkout our iOS App for a better way to browser and research.

  1. No judgment decreeing the forfeiture of any appearance bond shall be rendered:
    1. If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or
    2. If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.
  2. If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.

(Ga. L. 1965, p. 266, §§ 1-3.)

Cross references.

- Corresponding provision relating to criminal procedure, § 17-6-72.

JUDICIAL DECISIONS

Cited in Stitt v. Busbee, 136 Ga. App. 44, 220 S.E.2d 59 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Date of forfeiture of appearance bond depends entirely upon the wording of each particular bond; in the event the bond indicates an appearance at a term of court, forfeiture would not occur until the end of that particular term of court; if, however, the bond is returnable on a specific date, then the 60-day provision would commence to run from that date. 1965-66 Op. Att'y Gen. No. 66-30.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bail and Recognizance, § 130 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 28 et seq., 144 et seq.

ALR.

- Induction of principal into military or naval service as exonerating his bail for his nonappearance, 8 A.L.R. 371; 147 A.L.R. 1428; 148 A.L.R. 1400; 150 A.L.R. 1447; 151 A.L.R. 1462; 152 A.L.R. 1459; 153 A.L.R. 1431; 154 A.L.R. 1456; 156 A.L.R. 1457; 157 A.L.R. 1456.

Right to recover back cash bail or securities taken without authority, 48 A.L.R. 1430.

Bail: effect on surety's liability under bail bond of principal's incarceration in other jurisdiction, 33 A.L.R.4th 663.

Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192.


Download our app to see the most-to-date content.