North Carolina General Statutes 15A-544.8. Relief from final judgment of forfeiture
(a) Relief Exclusive. – There is no relief from a final judgment of forfeiture except as provided in this section.
(b) Reasons. – The court may grant the defendant or any surety named in the judgment relief from the judgment, for the following reasons, and none other:
(1) The person seeking relief was not given notice as provided in N.C. Gen. Stat. § 15A-544.4 However, the court shall not grant relief under this subdivision solely due to the court’s failure to provide notice within 30 days as required by N.C. Gen. Stat. § 15A-544.4(e).
Terms Used In North Carolina General Statutes 15A-544.8
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. See North Carolina General Statutes 15A-531
- Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- filed: means :
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Insurance company: means any domestic, foreign, or alien surety company which has qualified under Chapter 58 of the N. See North Carolina General Statutes 15A-531
- Professional bondsman: means any person who is approved and licensed by the Commissioner of Insurance under Article 71 of Chapter 58 of the N. See North Carolina General Statutes 15A-531
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Surety: means :
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Other extraordinary circumstances exist that the court, in its discretion, determines should entitle that person to relief.
(c) Procedure. – The procedure for obtaining relief from a final judgment under this section is as follows:
(1) At any time before the expiration of three years after the date on which a judgment of forfeiture became final, any of the following parties named in the judgment may make a written motion for relief under this section:
a. The defendant.
b. Any surety.
c. A professional bondsman or a runner acting on behalf of a professional bondsman.
d. A bail agent acting on behalf of an insurance company.
The written motion shall state the reasons for the motion and set forth the evidence in support of each reason.
(2) The motion shall be filed in the office of the clerk of superior court of the county in which the final judgment was, entered. The moving party shall, under N.C. Gen. Stat. § 1A-1, Rule 5, serve a copy of the motion on the district attorney for that county and on the attorney for the county board of education.
(3) A hearing on the motion shall be scheduled within a reasonable time in the trial division in which the defendant was bonded to appear.
(4) At the hearing the court may grant the party any relief from the judgment that the court considers appropriate, including the refund of all or a part of any money paid to satisfy the judgment.
(d) Only One Motion. – No more than one motion by any party for relief under this section may be considered by the court.
(e) Finality of Judgment as to Other Parties Not Affected. – The finality of a final judgment of forfeiture shall not be affected, as to any party to the judgment, by the filing of a motion by, or the granting of relief to, any other party.
(f) Appeal. – An order on a motion for relief from a final judgment of forfeiture is a final order or judgment of the trial court for purposes of appeal. Appeal is the same as provided for appeals in civil actions. When notice of appeal is properly filed, the court may stay the effectiveness of the order on any conditions it considers appropriate. (2000-133, s. 6; 2011-377, ss. 9, 10; 2013-139, s. 5; 2022-73, s. 3(d).)