O.C.G.A.

O.C.G.A. § 9-10-11 (2019)

When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) No judgment decreeing the forfeiture of any appearance bond shall be rendered: (1) If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or (2) If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal’s detention. (b) If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.

History

Ga. L. 1965, p. 266, §§ 1-3.

Annotations

Cross references. Corresponding provision relating to criminal procedure, § 17-6-72. OPINIONS OF THE ATTORNEY GENERAL Date of forfeiture of appearance bond depends entirely upon the wording of each particular bond; in

the event the bond indicates an appearance at a term of court, forfeiture would not occur until the end of that particular

term of court; if, however, the bond is returnable on a specific date, then the 60-day provision would commence to run

from that date. 1965-66 Op. Att’y Gen. No. 66-30.

RESEARCH REFERENCES Am. Jur. 2d. 8A Am. Jur. 2d, Bail and Recognizance, §§ 127 et seq., 130 et seq. C.J.S. 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 28 et seq., 144 et seq. ALR. Induction of principal into military or naval service as exonerating his bail for his nonappearance, 8 A.L.R. 371; 147 A.L.R. 1428; 148 A.L.R. 1400; 150 A.L.R. 1447; 151 A.L.R. 1462; 152 A.L.R. 1459;

153 A.L.R. 1431; 154 A.L.R. 1456; 156 A.L.R. 1457; 157 A.L.R. 1456. Right to recover back cash bail or securities taken without authority, 48 A.L.R. 1430. Bail: effect on surety’s liability under bail bond of principal’s incarceration in other jurisdiction, 33 A.L.R.4th 663. Bail: effect on surety’s liability under bail bond of principal’s subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Everett v. Cobb Cnty., Georgia (N.D. Ga. 2019).

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Everett v. Cobb Cnty., Georgia (N.D. Ga. 2019). · cites it 4× “The code sections governing such petitions authorize Georgia courts to exercise personal jurisdiction over out-of-state defendants to the extent permitted by Georgia’s long-arm statute, O.C.G.A. § 9-10-11. O.C.G.A. § 19-13-2(b) (“For proceedings under this article involving a…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.