Setting aside forfeiture: Conditions; grounds; when written finding is required.
1. The court shall not set aside a forfeiture unless:
(a) The surety submits an application to set it aside on the ground that the defendant:
(1) Has appeared before the court since the date of the forfeiture and has presented:
(I) A satisfactory excuse for his absence; or
(II) Satisfactory evidence that the surety did not in any way cause or aid the absence of the defendant;
(2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;
(3) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date;
(4) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date; or
(5) Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,
Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and
(b) The court determines that justice does not require the enforcement of the forfeiture.
2. If the court sets aside a forfeiture pursuant to subsection 1 and the forfeiture includes any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall make a written finding in support of setting aside the forfeiture. The court shall mail a copy of the order setting aside the forfeiture to the Office of Court Administrator immediately upon entry of the order.
Last modified: February 25, 2006