Legal Opinion

Statewide Bail Bonding v. Barlow

Court of Appeals of Utah

Decided March 6, 2014No. 20130452-CAPublished

1Opinion of the Court

VOROS, Judge:

11 This case arises from the interaction of two provisions of the Bail Surety Act. Subject to stated conditions, one provision directs the court to order forfeiture of the bail bond on the prosecutor's motion if the surety fails to produce the defendant within six months after her nonappearance. The other provision directs the court to exonerate the bond if the surety produces the defendant before judgment. Here, the surety produced the defendant after the six months had run but before judgment. Accordingly, one provision seemed to require that the bond be forfeited, the other…

2Cases cited12 opinions

  1. State v. BarrettUtah Supreme Court · 2005
  2. J.M.W. v. T.I.Z.Utah Supreme Court · 2011
  3. Miller v. WeaverUtah Supreme Court · 2003
  4. Hughes General Contractors, Inc. v. Utah Labor CommissionUtah Supreme Court · 2014
  5. R & R Industrial Park, L.L.C. v. Utah Property & Casualty Insurance Guaranty Ass'nUtah Supreme Court · 2008

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