Section 15-13-138 - Conditions for which it shall be mandatory for the court to set aside forfeitureThe court shall set aside the conditional forfeiture in its entirety for the following reasons or under the following circumstances:
(1) If the sureties can show that the defendant was hospitalized at the time he or she was to appear in court, or if the sureties can produce sufficient evidence that the defendant was not able to attend court for reason of illness, by producing a doctor's certificate or letter to that effect. The hospitalization may be in or out of this state. For the sureties to take advantage of this subdivision, they shall put the court on notice that the situation exists either prior to the issuance of the conditional forfeiture order or within 30 days after legal service of the conditional forfeiture on the sureties. After receiving notice, the court may continue the case to a future date it deems proper and just for the defendant to appear. If at that time the defendant is still not able to attend court for the same reason, then it shall be the burden of the sureties to produce the evidence within the same prescribed time. This section does not bar the court from the issuance of a bench warrant for the defendant in cases where the court feels that documents of proof do not reflect the truth, or where the court has reason to believe the defendant may appear and he or she is using the documents of proof as an excuse to avoid appearance.(2) If the sureties show that the defendant was confined in jail or in the custody of another jurisdiction in this state or any other state, at the time of his or her original appearance or on the date of the issuance of the conditional forfeiture order, or if the surety shows that the defendant is still confined in any jail in this state or any other state, or in the custody of another jurisdiction within this state or any other state, or in the custody of another jurisdiction within the continental United States, including United States federal jurisdiction, the court shall set aside the conditional forfeiture and continue the case until a time after the end of that confinement. If the court later learns that the defendant is free from confinement before the confinement was supposed to end, then the court, with notice to the sureties, may reset the case and the burden shall be on the sureties to produce the defendant for the hearing or the court may issue another conditional forfeiture.(3) If the sureties show the defendant is deceased.(4) If the sureties show the defendant was serving on active duty in one of the military services of the United States.Ala. Code § 15-13-138 (1975)
Amended by Act 2023-476,§ 1, eff. 9/1/2023.Acts 1993, No. 93-677, p. 1259, §39.