Tennessee Code Annotated
Tenn. Code Ann. § 40-11-202 (2026)
Scire facias
✓ current as of May 2026
A scire facias shall issue to notify the defendant and the defendant's sureties to show cause why the judgment shall not be made final.
Code 1858, § 5178; Shan., § 7142; Code 1932, § 11689; T.C.A. (orig. ed.), § 40-1302.
Notes of Decisions
Cited in 25
cases (5 in the last 5 years), 1983–2025 · leading case: In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001).
In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-11-202 (1997). To this end, the trial court must afford the defendant and his sureties a hearing prior to final forfeiture.”
State v. Shredeh, 909 S.W.2d 833 (Tenn. Crim. App. 1995). “§§ 40-11-201 through -215. When the defendant fails to appear as required, the issuance of a scire facias requires sureties to give reasons why a forfeiture of bail should not become final.”
Indem. Ins. Co. of North Am. v. Blackwell, 653 S.W.2d 262 (Tenn. Ct. App. 1983). ““[T]o notify the defendant and his sureties to show cause why such judgment shall not be made final,” a writ of scire facias issues to set a date for a hearing on final forfeiture.”
State of Tennessee v. Edward Alan Scarbrough, alias, Int'l Fid. Ins. Co., 72 S.W.3d 667 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-11-202. Trial courts have the discretion to relieve bail bondsmen or other sureties from the liability of a bail and are authorized to hold hearings to determine whether the forfeiture should be excused, lessened, or absolutely remitted.”
State of Tennessee v. Clayton Nelvis (Tenn. Crim. App. 2025). “Tenn. Code Ann. §§ 40-11-201 (a), -139(a).”
In re Am. Bonding Co. (Tenn. Crim. App. 2016). “Specifically, Tennessee Code Annotated section 40-11- 201(a) provides that a trial court may enter a conditional judgment of forfeiture against a defendant and his sureties if the defendant fails to appear in court in accordance with a bail bond agreement.”
State of Tennessee v. Universal Fire & Cas. Ins. Co. (Tenn. Crim. App. 2021). “Tenn. Code Ann. § 40-11-202 . Additionally, the trial court must afford the defendant and her sureties a hearing prior to final forfeiture.”
State of Tennessee v. Maximo Marin In Re: E-Z Out Bail Agency (Tenn. Crim. App. 2011). “Analysis The forfeiture of bail is governed by statute. T.C.A. §§ 40-11-201 to -215 (2006).”
State of Tennessee v. Antoni Danta Hix (Tenn. Crim. App. 2009). “Specifically, Tennessee Code Annotated section 40-11-201(a) provides that a trial court may enter a conditional judgment of forfeiture against a defendant and his sureties if the defendant fails to appear in court in accordance with a bail bond agreement. Upon entry of a…”
State of Tennessee v. Carlos Cabellero-Grajeda In Re: E & W Bonding (Tenn. Crim. App. 2005). “Upon entering this conditional judgment of forfeiture, the trial court must issue a writ of scire facias requiring the defendant and his sureties to “show cause why such judgment shall not be made final.”
In Re: AB Bonding Co., Inc. (Tenn. Crim. App. 2004). “Specifically, Tennessee Code Annotated section 40-11-201(a) (2003) provides that a trial court may enter a conditional judgment of forfeiture against a defendant and his sureties if the defendant fails to appear in court in accordance with a bail bond agreement. Upon entry of a…”
State of Tennessee v. Michael N. Allen, A/K/A Michael B. Carta in Re: Sanford & Sons Bail Bonds, Inc. (Tenn. Crim. App. 2004). “See also Tenn. Code Ann. § 40-11-139 (a). The trial court then issues a writ of scire facias “to notify the defendant and the defendant’s sureties to show cause why such judgment shall not be made final.”
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.