§ 27-10-2-10 — Recognizances; affidavits; forms

Indiana § 27-10-2-10

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 10: INDIANA BAIL LAW
• Ch. 2: General Provisions

Text

(a) Recognizances for the appearance of
prisoners shall in all cases and in all courts be in writing, be taken with
at least one (1) resident freehold surety or be secured by a surety
company, and be substantially in the following form:
We, A B and C D, jointly and severally acknowledge ourselves bound
to the state of Indiana in ______ dollars. If A B (the prisoner) shall
appear on the ____ day of ________, 20___, in the ___________
court, to answer a charge of (here state the offense) and from day to day
and from term to term thereof, and abide the order of the court until the
cause is determined and not depart therefrom without leave, then this
recognizance shall be void, else to remain in full force.
If the above named defendant does not appear at any time fixed in this
bond, the court shall order CD (the surety) to produce the defendant.
The court shall mail notice of this order to CD, the surety at
__________ and __________ in __________ county and state of
Indiana. If the surety does not produce the defendant, and does not pay
all costs and late surrender fees in compliance with IC 27-10-2-12, the
court shall, three hundred sixty-five (365) days after the mailing of the
above notice to the surety, declare the bond forfeited, enter judgment
forthwith against the surety, and certify the judgment to the clerk for
record. Such forfeiture shall be without pleadings and without change
of judge or change of venue. The obligors on such bond may appeal to
the ruling of the court and appeal to the court of appeals as in other
civil cases, and on appeal the evidence may be reviewed. Execution
shall issue forthwith to the sheriff against the properties of each of us
to be levied as other executions are levied.
I, C D, being duly sworn, on oath say, that I am worth in my personal
rights and name, over and above all debts and liabilities of any and
every kind, not less than _______ dollars, and that I possess real estate
in my own name, located in the above-named county, which is worth
over and above all encumbrances and liens, more than ______ dollars;
that I am surety on the following recognizance bonds and none other,
aggregating the total amount of ________ to-wit: (Here name bonds
and amounts, if any) ________, And that I am not surety on any
recognizance bond of any kind in any court which bond has been
forfeited which judgment remains unpaid.
(b) Printed forms of the above bonds shall be kept by all clerks of
court that are authorized by law to admit prisoners to bail and shall be
supplied by the clerks to sheriffs.
(c) For the purposes of this article, a cause is determined when a:
(1) judgment of conviction or acquittal is entered for a
misdemeanor;
(2) judgment is withheld in a misdemeanor case;
(3) judgment of acquittal is entered in a felony case;
(4) sentence is imposed in a felony case; or
(5) defendant has been ordered or admitted to a diversion
program.

Legislative History

As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.3; P.L.2-2005, SEC.73.