9-308

[For use with District Court Rule 5-406,

Magistrate Court Rule 6-406,

Metropolitan Court Rule 7-406 and

Municipal Court Rule 8-406]

STATE OF NEW MEXICO

[COUNTY OF___________________]

[CITY OF_____________________]

__________________________ COURT

No. ___________

[STATE OF NEW MEXICO]

[COUNTY OF __________________]

[CITY OF ____________________]

v.

________________________________, Defendant

and

______________________________, (surety)

______________________________, (surety)

  ORDER SETTING ASIDE

BAIL BOND FORFEITURE

A hearing having been held by the court upon the order to show cause why a judgment of default should not be entered on the defendant's bail bond:

The court finds that the defendant failed to appear as required.

The court further finds that the following good cause has been shown why the defendant failed to appear:

(check appropriate alternative)

[ ]the defendant was incarcerated in _______________

located at _____________________.

[ ]the defendant was hospitalized at the time of the hearing in __________________ hospital located at _____________________.

[ ]the defendant failed to appear because: (set forth other good cause) ________________________________________

__________________________________________________.

The court further finds that the defendant has been brought before this court and is now available for further proceedings in the above case.

The court further finds that a default judgment on the bond has not been entered in the above case.

IT IS ORDERED that the forfeiture previously entered by this court be and the same is hereby set aside.

Date: ____________________________

___________________________

Judge

[Adopted, effective, October 1, 1987.]