Del. Sup. Ct. R. 19 (2026)

Rule 19(c), the trial court shall make and report its determination within 30 days of the remand, unless some other time is ordered by the Court. The principal obligor shall be bound to appear when directed by this Court or the trial court, to prosecute the appeal to effect according to law and the Rules of this Court, to pay all costs and otherwise to abide the judgment on appeal and the final judgment in the trial court. (i) Justification by surety. —Every surety shall justify by affidavit the property offered to secure the principal obligor’s surety. (ii) Forfeiture. —If there is a breach of condition of a bond, this Court or the trial court may declare a forfeiture of the bail. (iii) Setting aside. —This Court or the trial court may direct that a forfeiture be set aside, upon such conditions as the Court may impose, if it appears that justice does not require enforcement of the forfeiture. (iv) Enforcement. —When a forfeiture has not been set aside, the trial court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond, the obligors submit to the jurisdiction of the trial court and irrevocably appoint the clerk of that court as their agent upon whom any papers affecting their liability may be served. The liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail a copy to each obligor at the obligor’s last known address. (v) Remission. —After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in subparagraph (iii) of this paragraph. (vi) Exoneration. —When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of defendant into custody.

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RULES OF THE SUPREME COURT OF THE STATE OF DELAWARE