Ala. R. Crim. P. 7.6

As amended through April 30, 2024

Rule 7.6 - Transfer and disposition of bond

(a) TRANSFER UPON SUPERVENING INDICTMENT. An appearance bond or release order issued to assure the defendant's presence for proceedings following the filing of a complaint shall automatically be transferred to the same charge prosecuted by indictment, even though the complaint is superseded by return of the indictment, unless, upon issuance of the arrest warrant following indictment, the judge presiding, for good cause, shall order revocation or modification of the conditions of release, as provided in Rule 7.5(a) and (b).

(b) FILING AND CUSTODY OF APPEARANCE BONDS AND SECURITY Appearance bonds and security shall be filed with the clerk of the court in which the case is pending. Whenever the case is transferred to another court, any appearance bond and security shall be transferred also.

(c) SURRENDER OF DEFENDANT BY SURETY. At any time, a surety may surrender to the sheriff a defendant released, and the sheriff shall certify such surrender to the court. The defendant may then obtain other sureties under the same conditions of release. In municipal ordinance cases, surrender may be to the chief of police of the municipality, who shall certify to the court the defendant's surrender.

(d) FORFEITURE. If at any time it appears to the court that a defendant fails to appear, the court shall so notify the principal and any surety and shall require the principal and any surety show cause by filing a written response with the clerk of the court within twenty-eight (28) days of the date of service of the notice why the bond should not be forfeited. The notice required by this subsection may be served in the same manner as provided in Rule 3.4 for the service of a summons and must be returned by the person serving it, with his proper return endorsed thereon, within twenty-eight (28) days of the date of issuance or within five (5) days of service, whichever period of time is shorter. If the notice is not served on any of the parties to the undertaking, such other notices as are necessary may from time to time be issued, but two returns of "not found" by the proper officer are equivalent to personal service. If a written response is filed within the time allowed, the court shall set a hearing to determine whether the bond should be forfeited. If at the hearing the violation is not excused for good cause, or if, after twenty-eight (28) days from the date of service of the notice, no written response has been filed, the court may enter an appropriate order or final judgment forfeiting all or part of the amount of the bond or cash deposit, which shall be enforceable as any civil judgment.

(e) EXONERATION. At any time that the court finds there is no further need for an appearance bond, the court shall exonerate the appearance bond and order the return of any security deposited. (Amended eff. 3-3-92.)

Sample

CORPORATE SURETY BOND

STATE OF ALABAMA

_______ Judicial Circuit

_______ County

KNOW ALL MEN BY THESE PRESENTS, that we, (bail company), as the principal and the (surety company) , a Corporation, as Surety, duly authorized and existing under and by virtue of the laws of the State of Alabama and authorized to become sole surety on bonds in the State of Alabama, are held and firmly bound unto the courts of County in the State of Alabama and unto the State of Alabama or any political subdivision thereof, in the full and just sum of Twenty-five Thousand and No/100 ($25,000) Dollars, lawful money of the United States for payment of which will and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The right of exemption under the Constitution and laws of Alabama is hereby waived.

WHEREAS, the principal desires to engage in the business of making bonds and charging therefor, and whereas, the principal is required to furnish bond with corporate surety authorized to act as Surety on bonds in this State for the amount of Twenty-five Thousand and No/100 ($25,000) Dollars in accordance with Rule 7.1, Alabama Rules of Criminal Procedure,

NOW, THEREFORE, the consideration of the foregoing obligation is such that may be due the State of Alabama or any political subdivision thereof by virtue of any judgment absolute being rendered against said principal, as Surety on said bond or bonds, this obligation to be null and void, otherwise to remain in full force and effect. This is a continuous bond and shall remain in effect unless canceled as provided herein.

It is expressly understood and agreed that regardless of the number of premiums that shall be payable or paid, the liability of the Surety shall not be cumulative and shall in no event exceed in the aggregate the sum of Twenty-five Thousand Dollars.

This bond may be canceled, as to future liability, by the principal's or surety's giving no less than thirty (30) days' notice, in writing, to the clerk of the Circuit Court of County, Alabama.

IN WITNESS WHEREOF, the said principal has hereunto set its hand and seal and the said (bail company) has caused these presents to be signed by its proper officer for the purpose noted above on this___ day of , 20__.

Professional Bail Company

BY: _____________________

ITS _______________________________

Corporate Surety Company

BY: __________________________

ATTORNEY-IN-FACT,

____________________

WITNESS

STATE OF ALABAMA

_________________ Judicial Circuit

_________________ County

Before me this _____day of _____, 20__, personally appeared ___________________,who are known to me and known to me to be the individuals described in, and who executed, the foregoing bond, and they acknowledged to me that they executed the same.

____________________

NOTARY PUBLIC

Ala. R. Crim. P. 7.6

Added eff. 3/3/1992.

Committee Comments

Under prior practice, bonds did not necessarily carry over from one court to another. Under Rule 7.6(a), the same bond would carry over from the initial appearance through indictment and trial, unless the presiding judge for good cause orders revocation of the release upon issuance of the indictment. The good cause may be information not available to the district attorney earlier, or which he did not want to reveal until after an indictment was returned. The process of revocation is the same as in any other situation. In any event, revoking release at this stage should not be done capriciously, since in most instances no good reason exists to rearrest the defendant and have him execute a new recognizance bond or make a new secured bond. This would of course apply as well to substitute indictments.

See Ala. Code 1975, §§ 15-13-80, 15-13-81, 15-13-82 that relate to forfeitures.