Minnesota Statutes

Minn. Stat. § 629.59 (2026)

Court To Forgive Bond Forfeiture Penalty

✓ current as of May 2026
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When an action is brought in the name of the state against a principal or surety in a recognizance entered into by a party or witness in a criminal prosecution, and the penalty is judged forfeited, the court may forgive or reduce the penalty according to the circumstances of the case and the situation of the party on any terms and conditions it considers just and reasonable.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1953–2026 · leading case: In re Shetsky, 60 N.W.2d 40 (Minn. 1953).
In re Shetsky, 60 N.W.2d 40 (Minn. 1953). · cites it 8× “Shortly thereafter, Shetsky petitioned the district court of Hennepin county under § 629.59 to vacate the order of September 24, 1945, forfeiting the bail money and to remit the bail money less expenses and disbursements incurred by the county in apprehending and returning him…”
State v. Storkamp, 656 N.W.2d 539 (Minn. 2003). · cites it 2× “Minn.Stat. § 629.59 (2002). The court may not *542 treat bail as a way to increase the revenue of the state or to punish the surety.”
State v. Williams, 568 N.W.2d 885 (Minn. Ct. App. 1997). · cites it 4× “2d 40, 46 (1953); see Minn. Stat. § 629.59 (1996) (providing when penalty on bail bond is judged forfeited, trial court “may forgive or reduce the penalty * * * on any terms and conditions it considers just and reasonable”).”
State v. Due, 427 N.W.2d 276 (Minn. Ct. App. 1988). · cites it 2× “ISSUE Did the trial court abuse its discretion in refusing to forgive Interstate’s obligation under the bond? ANALYSIS Minn.Stat. § 629.59 (1986) provides for the forgiveness or reduction of the penalty due under a forfeited bond as follows: When an action is brought in the name…”
State v. Rosillo, 645 N.W.2d 735 (Minn. Ct. App. 2002). · cites it 2× “Minn.Stat. § 629.59 (2000) allows a district court to forgive or reduce the [forfeiture of the bond if the defendant fails to appear] according to the circumstances of the case and the situation of the party on any terms and conditions it considers just and reasonable.”
State v. Rodriguez, 775 N.W.2d 907 (Minn. Ct. App. 2009). · cites it 2× “2d 40, 46 (1953); see also Minn.Stat. § 629.59 (2006) (providing that a district court “may” forgive or reduce the penalty according to the circumstances of the case and the situation of the party “on any terms and conditions it considers just and reasonable”).”
State v. Askland, 784 N.W.2d 60 (Minn. 2010). “" Rule 702(f) of the Minnesota General Rules of Practice narrows a court's discretion: A petition for reinstatement filed between ninety (90) days and one hundred eighty (180) days from the date of forfeiture shall be heard and determined by the judge who ordered forfeiture or…”
Farsdale v. Martinez, 586 N.W.2d 423 (Minn. Ct. App. 1998). · cites it 2× “ISSUE Did the trial court abuse its discretion in ordering forfeiture of the $50,000 bail bond? ANALYSIS When a person under a bond fails to perform, the court may order the surety to “pay * * * the amount for which the surety was bound as surety.”
State v. Ashland, 784 N.W.2d 60 (Minn. 2010). “” Rule 702(f) of the Minnesota General Rules of Practice narrows a court’s discretion: A petition for reinstatement filed between ninety (90) days and one hundred eighty (180) days from the date of forfeiture shall be heard and determined by the judge who ordered forfeiture or…”
State of Minnesota v. Shawn Marie Stellmach, Midwest Bonding, LLC (Minn. Ct. App. 2015). · cites it 6× “” Minn. Stat. § 629.59 (2012). When determining whether the district court abused its discretion, we consider the following factors: (1) the purpose of bail, the civil nature of the proceedings, and the cause, purpose, and length of the defendant’s absence; (2) ‘the good faith…”
State of Minnesota v. Donalonte Jamar Wade, Midwest Bonding, LLC (Minn. Ct. App. 2016). · cites it 2× “” Minn. Stat. § 629.59 (2014). We review a district court’s decision on a petition to reinstate a forfeited bond for an abuse of discretion.”
State of Minnesota v. Kyle Adam Bruce, Midwest Bonding, LLC (Minn. Ct. App. 2026). · cites it 2× “” Minn. Stat. § 629.59 (2024); see also Minn.”
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