Mo. R. Ord. Viol. & Viol. Burea. 37.26

As amended through November 19, 2024
Rule 37.26 - Bonds - Forfeiture - Procedural Notice - Judgment - Setting Aside Forfeiture

If there is a breach of a condition of a bond, the court in which the case is pending may declare a forfeiture of the bond. The court may direct that a forfeiture be set aside upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. When a forfeiture has not been set aside, the court on the prosecutors motion may enter a judgment of default and execution may issue thereon.

By entering into a bond the obligors submit to the jurisdiction of the court in which the defendant is required to appear and irrevocably appoint the clerk as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on the prosecutors motion without the necessity of an independent action. The motion and notice of the hearing as the court prescribes may be served on the clerk, who shall forthwith mail a copy to each of the obligors.

Mo. R. Ord. Viol. & Viol. Burea. 37.26

Adopted May 14, 1985, eff. 1/1/1986. Amended December 23, 2003, eff. 7/1/2004.