Failure to appear according to terms of bond - Forfeiture.

  1. Law
  2. Oklahoma Statutes
  3. Cities and Towns
  4. Failure to appear according to terms of bond - Forfeiture.

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A. If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of a bond, given by a bail bondsman as defined in Section 1301 of Title 59 of the Oklahoma Statutes, either for hearing, arraignment, trial, or judgment, or upon any other occasion when the presence of the defendant in court or before the judge may be lawfully required:

1. The court shall perform the procedures set forth in Section 1332 of Title 59 of the Oklahoma Statutes whereby the municipal court clerk shall issue the required notices; or

2.a.The municipal judge shall issue an order declaring the bond to be forfeited on the day the defendant failed to appear and stating the reasons therefor, and

  • b.Within five (5) days of the order of forfeiture, the municipal court clerk shall file a certified copy of the order with the district court in the county where the municipal government is located. The district court clerk shall treat the certified order of forfeiture as a foreign judgment and proceed in accordance with the provisions of Section 1332 of Title 59 of the Oklahoma Statutes. A surety shall have all remedies available under the provisions of Section 1108 of Title 22 and Sections 1301 through 1340 of Title 59 of the Oklahoma Statutes.

B. Court costs shall be collectible from the proceeds of a forfeited bond.

Added by Laws 1977, c. 256, § 27-118, eff. July 1, 1978. Amended by Laws 1993, c. 265, § 1, eff. July 1, 1993; Laws 1994, c. 49, § 1, eff. Sept. 1, 1994; Laws 1995, c. 166, § 3, emerg. eff. May 4, 1995.


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