Nev. Rev. Stat. » NRS: CHAPTER 178 - GENERAL PROVISIONS
Nevada Revised Statutes

Nev. Rev. Stat. § 178.509 (2026)

Exoneration of surety before date of forfeiture: Conditions; grounds

✓ current as of July 2026
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NRS 178.509  Exoneration of surety before date of forfeiture: Conditions; grounds.

      1.  If the defendant fails to appear when the defendant’s presence in court is lawfully required, the court shall not exonerate the surety before the date of forfeiture prescribed in NRS 178.508 unless:

      (a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or

      (b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because the defendant:

             (1) Is dead;

             (2) Is ill;

             (3) Is insane;

             (4) Is being detained by civil or military authorities; or

             (5) Has been deported,

Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.

      2.  If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.

      (Added to NRS by 1971, 597; A 1979, 1400; 1991, 1015; 1999, 1846; 2007, 420; 2015, 2567)

     

Notes of Decisions
Cited in 8 cases, 1988–2019 · leading case: State v. Stu's Bail Bonds, 991 P.2d 469 (Nev. 1999).
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State v. Stu's Bail Bonds, 991 P.2d 469 (Nev. 1999). · cites it 14× “The district court exonerated the bail bond on the ground that a defendant who has fled to a foreign country and cannot be legally retrieved is “detained by civil or military authorities” within the purview of NRS 178.509. Having reviewed the record, we conclude that the…”
State v. Am. Bankers Ins., 802 P.2d 1276 (Nev. 1990). · cites it 2× “NRS 178.509; NRS 178.512(2); State v. Indemnity Ins.”
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). · cites it 55× “We conclude that NRS 178.509's plain language does not espouse such an intent.”
Harris v. State, 756 P.2d 556 (Nev. 1988). “The undertaking or money instead of bail bond is forfeited upon the expiration of 90 days after the notice is mailed, except as otherwise provided in NRS 178.509. A copy of the notice must be transmitted to the district attorney at the time notice is given to the sureties or the…”
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). · cites it 11× “We conclude that NRS 178.509's plain language does not espouse such an intent.”
Int'l Fid. Ins. v. State, 967 P.2d 804 (Nev. 1998). “If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, the court shall direct that the sureties and the local agent of each surety, or the depositor if he is not the [bailee], be given notice that the [bailee] has failed to appear, by certified mail…”
All Star Bail Bonds v. Eighth Jud. Dist. Ct., 2014 NV 45 (Nev. 2014). · cites it 14× “: NRS 178.509 allows the district court to exonerate a surety's bail bond obligations only in certain enumerated circumstances.”
State Vs. Eclectic Servs., Inc. (Nev. 2019). · cites it 7× “The justice court thus had no authority to exonerate except under NRS 178.509.' Because exoneration under NRS 178.”
— Nev. Rev. Stat. § 178.509(1) — 5 cases
State v. Stu's Bail Bonds, 991 P.2d 469 (Nev. 1999). “The district court exonerated the bail bond on the ground that a defendant who has fled to a foreign country and cannot be legally retrieved is “detained by civil or military authorities” within the purview of NRS 178.509. Having reviewed the record, we conclude that the…”
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). “We conclude that NRS 178.509's plain language does not espouse such an intent.”
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). “We conclude that NRS 178.509's plain language does not espouse such an intent.”
All Star Bail Bonds v. Eighth Jud. Dist. Ct., 2014 NV 45 (Nev. 2014). “: NRS 178.509 allows the district court to exonerate a surety's bail bond obligations only in certain enumerated circumstances.”
State Vs. Eclectic Servs., Inc. (Nev. 2019). “The justice court thus had no authority to exonerate except under NRS 178.509.' Because exoneration under NRS 178.”
— Nev. Rev. Stat. § 178.509(1)(a) — 2 cases
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). “We conclude that NRS 178.509's plain language does not espouse such an intent.”
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). “We conclude that NRS 178.509's plain language does not espouse such an intent.”
— Nev. Rev. Stat. § 178.509(1)(b)(4) — 2 cases
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). “We conclude that NRS 178.509's plain language does not espouse such an intent.”
Justin Vs. Dist. Ct. (state), 2016 NV 47 (Nev. 2016). “We conclude that NRS 178.509's plain language does not espouse such an intent.”
— Nev. Rev. Stat. § 178.509(1)(b)(5) — 1 case
All Star Bail Bonds v. Eighth Jud. Dist. Ct., 2014 NV 45 (Nev. 2014). “: NRS 178.509 allows the district court to exonerate a surety's bail bond obligations only in certain enumerated circumstances.”
— Nev. Rev. Stat. § 178.509(2) — 3 cases
State v. Stu's Bail Bonds, 991 P.2d 469 (Nev. 1999). “The district court exonerated the bail bond on the ground that a defendant who has fled to a foreign country and cannot be legally retrieved is “detained by civil or military authorities” within the purview of NRS 178.509. Having reviewed the record, we conclude that the…”
All Star Bail Bonds v. Eighth Jud. Dist. Ct., 2014 NV 45 (Nev. 2014). “: NRS 178.509 allows the district court to exonerate a surety's bail bond obligations only in certain enumerated circumstances.”
State Vs. Eclectic Servs., Inc. (Nev. 2019). “The justice court thus had no authority to exonerate except under NRS 178.509.' Because exoneration under NRS 178.”
— Nev. Rev. Stat. § 178.509(l) — 1 case
State v. Stu's Bail Bonds, 991 P.2d 469 (Nev. 1999). “The district court exonerated the bail bond on the ground that a defendant who has fled to a foreign country and cannot be legally retrieved is “detained by civil or military authorities” within the purview of NRS 178.509. Having reviewed the record, we conclude that the…”
— Nev. Rev. Stat. § 178.509(l)(b)(4) — 1 case
State v. Stu's Bail Bonds, 991 P.2d 469 (Nev. 1999). “The district court exonerated the bail bond on the ground that a defendant who has fled to a foreign country and cannot be legally retrieved is “detained by civil or military authorities” within the purview of NRS 178.509. Having reviewed the record, we conclude that the…”
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