NRS 178.508
Duties of court when defendant fails to appear

  • procedure for issuing order of forfeiture
  • when forfeiture becomes effective
  • grounds for extending date of forfeiture.

1.

If the defendant fails to appear when the defendant’s presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:

(a)

Enter upon its minutes that the defendant failed to appear;

(b)

Not later than 14 judicial days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and

(c)

If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if the depositor is not the defendant, be given notice that the defendant has failed to appear, by certified mail or electronic transmission, receipt of delivery requested, within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing or electronic transmission to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.

2.

Except as otherwise provided in subsection 3 and NRS 178.509, an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of the court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed or electronically transmitted pursuant to subsection 1.

3.

The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:

(a)

An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.

(b)

An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:

(1)

Is ill;

(2)

Is insane; or

(3)

Is being detained by civil or military authorities,
Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

Source: Section 178.508 — Duties of court when defendant fails to appear; procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture., https://www.­leg.­state.­nv.­us/NRS/NRS-178.­html#NRS178Sec508.

178.483
“Electronic transmission,” “electronically transmit” and “electronically transmitted” defined. 178.484
Right to bail before conviction 178.486
When bail is matter of discretion, notice of application must be given to district attorney. 178.487
Bail after arrest for felony offense committed while on bail. 178.488
Right to bail upon review 178.494
Bail for material witnesses 178.498
Amount. 178.499
Increase in amount. 178.502
Form of bail 178.504
Justification of sureties. 178.506
Declaration of forfeiture. 178.508
Duties of court when defendant fails to appear 178.509
Exoneration of surety before date of forfeiture: Conditions 178.512
Setting aside forfeiture: Conditions 178.514
Enforcement of forfeiture. 178.516
Remission of forfeited money. 178.518
Payment of forfeited deposits to county treasurer or State Controller. 178.522
Exoneration of bail. 178.524
Deposit required in certain cases. 178.526
Arrest of defendant. 178.528
Disposition of money deposited as bail. 178.532
Recommitment of defendant after having given bail or deposited money. 178.534
Contents of order for recommitment. 178.536
Arrest on order of recommitment. 178.538
Commitment of defendant on order when defendant fails to appear for judgment 178.542
Records: District court. 178.544
Records: Justice Court. 178.546
Records: Court of Appeals and Supreme Court. 178.548
Notification of district attorney when bail bond is forfeited. 178.4851
Release without bail 178.4853
Factors considered before release without bail. 178.4855
Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges 178.4871
Postconviction petitioner for habeas corpus: Limitations on release. 178.4873
Postconviction petitioner for habeas corpus: Release pending appeal. 178.4875
Proceeding for forfeiture of bail pending review or appeal
Last Updated

Jun. 24, 2021

§ 178.508’s source at nv​.us