176A.330 - Exoneration of surety and setting aside of forfeiture of surety bond. - Nevada Statutes

176A.330  Exoneration of surety and setting aside of forfeiture of surety bond.  The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as may be just if:

      1.  The probationer appears before the court and the court, upon hearing the matter, determines that the violation or failure of the probationer to fulfill the condition of probation was:

      (a) Caused by circumstances beyond the probationer’s control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and

      (b) Not in any way caused or aided by the surety; or

      2.  The surety submits an application for exoneration or an application to set the forfeiture aside on the ground that the probationer is unable to appear because the probationer:

      (a) Is dead;

      (b) Is ill;

      (c) Is insane; or

      (d) Is being detained by civil or military authorities,

Ê and the court, upon hearing the matter, determines that the requirements of paragraphs (a) and (b) of subsection 1 have been met and that the surety did not in any way cause or aid the absence of the probationer from the hearing.

      (Added to NRS by 1995, 1247)—(Substituted in revision for NRS 176.18517)