1. Applicable Statutes

Nebraska Revised Statutes of 1943: Chapter 29: Criminal Procedure, Article 11, Proceedings upon Forfeiture of Recognizance

Nebraska Revised Statutes of 1943: Chapter 25: Courts & Civil Procedure, Article 22: General Provisions: Miscellaneous

Nebraska Revised Statutes of 1943: Chapter 29: Criminal Procedure. Article 9: Bail

2. Licensing Requirements

Nebraska does not require licensing of bail bond agents. They do, however, require that each surety file an affidavit attesting to his or her qualifications. [Neb.Rev.St. § 25-2222]

3. Notice of Forfeiture

The motion for forfeiture and notice of the motion may be served on the clerk of the court, who shall “forthwith” mail copies to the surety at his last known address. [Neb.Rev.St. § 29-1108]

4. Forfeiture to Judgment

When a forfeiture of a recognizance has not been set aside, the court in which the proceeding is pending shall on motion enter a judgment of default and execution may issue thereon. [ Neb.Rev. St. § 29-1108]

5. Forfeiture Defenses

The court may direct that a forfeiture of the recognizance be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. [Neb.Rev.St. § 29-1107]

6. Remission

When the conditions of the recognizance have been satisfied or the forfeiture has been set aside or remitted, the court shall exonerate the obligors and release any bail. [Neb.Rev.St. § 29-1110]

7. Bail Agent's Arrest Authority

The surety may seize and surrender the defendant at any time before judgment is made against the defendant. [Neb.Rev.St. § 29-906]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Hernandez, 511 N.W.2d 535 (Neb.App. 1993).

Defendant appealed from order of the District Court, Scotts Bluff County , overruling defendant's motion to set aside his bond forfeiture. The Court of Appeals, Irwin, J., held that: (1) ruling on motion to set aside forfeiture of bond was appealable order; (2) trial court could impose condition in appeal bond that defendant not commit any crime while free on bond pending appeal; and (3) court was required to conduct evidentiary hearing to determine whether bond forfeiture should be set aside, considering cost, inconvenience and prejudice, if any, suffered by government as result of defendant's breach and any explanation or mitigating circumstances presented by defendant.

Reversed and remanded with directions.

State v. Hart, 198 Neb. 164 (1977).

The District Court, Lincoln County , entered judgment on defendant's appearance bond, and defendant appealed. The Supreme Court held that where defendant failed to appear in court as required by conditions of his appearance bond, liability on bond became absolute and forfeiture was proper, in absence of showing excusing defendant's failure to appear. Affirmed.

State v. Casey, 180 Neb. 888 (1966).

Lack of specific date for appearance in bail bond did not operate to relieve surety from liability.

10. Bounty Hunter Provisions

There are no provisions pertaining to bounty hunters in the Nebraska Statutes at this time.