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Rule 41. Unsecured Bonds

 

(a) Notice ofNon-Appearance

(a)(1) If a defendant released on an unsecured bond fails toappear as required, the court must within 7 days of the failure to appear, sendnotice of the nonappearance to the defendant and the prosecutor. The clerk ofthe court shall:

(a)(1)(A) email thenotice to the defendant at the email address provided on the bond, or mailnotice to the defendant if an email address was not provided; and

 

(a)(1)(B) email acopy of the notice to the prosecutor.

 

(b) Forfeiture Hearing. A forfeiturehearing may not be scheduled earlier than 30 days from the date the notice wassent.

 

(b)(1) Theforfeiture hearing date must be included in the notice of nonappearance.

 

(b)(2) If adefendant appears in court prior to the forfeiture hearing, the court mustreinstate or exonerate the bond.

 

(b)(3) If thedefendant failed to appear because the defendant was, or is, in the custody ofauthorities, the bond may not be forfeited.

 

(b)(4) The courtmay continue the forfeiture hearing upon application by either party.

 

(b)(5) The courtmay reinstate or exonerate the unsecured bond if the court finds that thefailure to appear was not due to the defendant?s neglect.

 

(c) ForfeitureJudgment.

(c)(1) A court mayenter a forfeiture judgment without further notice if the court finds by apreponderance of evidence that:

 

(c)(1)(A) thedefendant failed to appear as required;

 

(c)(1)(B) thedefendant and prosecutor were provided with notice of nonappearance inaccordance with paragraph (a); and

 

(c)(1)(C) aforfeiture hearing was held in accordance with paragraph (b).

 

(c)(2) The amountof the judgment may not exceed the amount of the bond.

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(c)(3) The courtmust email a signed copy of the judgment to the prosecutor and defendant, or bymail to the defendant if an email was not provided on the bond.

 

(d) Exoneration

(d)(1) An unsecuredbond must be exonerated without motion:

 

(d)(1)(A) at theconclusion of the case, after the defendant is sentenced.? If the sentence includes a commitment to jailor prison, the court can hold the bond until the defendant appears at the jailor prison, or 7 days has passed, whichever occurs first;

 

(d)(1)(B) if therehas not been any activity on the case for 12 months from the date the bond wasexecuted;

 

(d)(1)(C) if thedefendant has passed away; or

 

(d)(1)(D) if thedefendant is in custody out of state and the prosecutor elects, in writing, notto extradite the defendant.

 

(d)(2) If anInformation, indictment, or request to extend time has not been filed within120 days of the receipt of a signed unsecured bond, the court must exoneratethe bond.

 

(e) Amending orDischarging Forfeiture Judgment. A court may, on its own motion or uponmotion of a party, amend or set aside a forfeiture judgment. Nothing in thisrule precludes the defendant from filing a motion under Rule 60(b) of the Utah Rulesof Civil Procedure to set aside the forfeiture judgment.

 

EffectiveOctober 1, 2020