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I don't beleive the petitioner/State can non-suit a defendant-surety in a bond forfeiture case. Besides my instinct, is there some case or statutory law substantiating my position. Help if you can, thanks. | ||
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Member |
I don't agree. I've always looked as a bond forfeiture case as any other civil lawsuit, and if we file a motion to dismiss (I like that word better than non-suit), then the judge dismisses it. But we don't do it just for the heck of it. Even if we have decided that the surety may have had someone back in custody before we file our nisi, if they haven't told us that, at the very least we will be having them pay court costs. Why do you ask? | |||
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