Indiana Code
Ind. Code § 27-10-2-8 (2026)
Notice of trial or hearing; breach of undertaking; record
✓ current as of May 2026
Sec. 8. (a) The court shall give the bail agent or insurer legal written notice of the defendant's trial or hearing for purposes of entering a plea at least seventy-two (72) hours before the defendant's appearance is required unless the appearance is scheduled within seventy-two (72) hours from the execution of the bond.
(b) The defendant's failure to appear constitutes a breach of the undertaking. The court before which the cause is pending shall make a record of the breach at which time section 12 of this chapter then applies.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.8; P.L.105-2010, SEC.7.
Notes of Decisions
Cited in 6
cases, 1991–2011 · leading case: State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003).
State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003). “The sureties respond that the purported imposition of late surrender fees in each of these cases was contrary to law because: (1) the requirements imposed upon sureties by Indiana Code Section 27-10-2-12(b) are not applicable in the absence of the trial court’s compliance with…”
Korff v. State, 567 N.E.2d 1146 (Ind. 1991). “Code § 35-44-3-6 (a), according to the Court of Appeals, applied only to persons released upon their own recognizance, whereas Korff was released on bail.”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004). “The first, Indiana Code § 27-10-2-8 (1998) ("Section 8"), provides: (a) The court shall give the bail agent or insurer legal notice of the defendant's trial or hearing at least seventy-two (72) hours before the defendant's appearance is required unless the appearance is…”
Accredited Sur. & Cas. Co. v. State, 565 N.E.2d 1131 (Ind. Ct. App. 1991). “Whether the trial court erred by not following the prescribed procedures for bond forfeiture set out in Ind.Code 27-10-2-8 and Ind.Code 27-10-2-12 and by entering an order forfeiting the bond.”
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011). “Ind. Code § 27-10-2-8 (b). Such a breach sets in motion the process under Indiana Code section 27-10-2-12, whereby a bail agent or surety can be assessed late surrender fees and can be required to forfeit the bond.”
Harris v. State, 912 N.E.2d 432 (Ind. Ct. App. 2009). “This statute has since been recodified at Indiana Code Section 27-10-2-8. 2 . As Allegheny Mutual held, the {act that the notice was returned as undeliverable did not mean the notice was statutorily inadequate.”
Ind. Code § 27-10-2-8(a): 1 case
State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003). “The sureties respond that the purported imposition of late surrender fees in each of these cases was contrary to law because: (1) the requirements imposed upon sureties by Indiana Code Section 27-10-2-12(b) are not applicable in the absence of the trial court’s compliance with…”
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