New Mexico Forms Library

Decision Information

Decision Content

9-308.  Order setting aside bond forfeiture.

[For use with District Court Rule 5-406 NMRA,

Magistrate Court Rule 6-406 NMRA,

Metropolitan Court Rule 7-406 NMRA and

Municipal Court Rule 8-406 NMRA]

 

STATE OF NEW MEXICO

[COUNTY OF ___________________]

[CITY OF _______________________]

_________________________ COURT

 

[STATE OF NEW MEXICO]

[COUNTY OF ___________________]

[CITY OF _______________________]

 

v.                                                                                                         No. __________

 

__________________________________________, Defendant

 

[and

__________________________________________, (surety)

 

__________________________________________, (surety)]

 

 

 ORDER SETTING ASIDE

BOND FORFEITURE

 

The court held a hearing on _________________________(date) to determine whether a judgment of default should be entered on the defendant’s bond(s).

 

The court finds that the defendant failed to appear as required.

 

The court further finds that the following good cause has been shown why the defendant failed to appear:

(check appropriate alternative)

[ ]         the defendant was incarcerated in __________________________ located at ________________________.

[ ]         the defendant was hospitalized at the time of the hearing in _________________ hospital located at _____________________.

[ ]         the defendant failed to appear because: (set forth other good cause)

            ________________________________________________________________

            ________________________________________________________________.

 

The court further finds that the defendant has been brought before this court and is now available for further proceedings in the above case.

 

The court further finds that a judgment of default on the bond(s) has not been entered in the above case.

 

IT IS ORDERED that the forfeiture previously entered by this court is set aside.

 

                                                                                    _____________________________

                                                                                    Judge

 

[Adopted, effective, October 1, 1987; as amended by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after July 1, 2017.] 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.