P. v. Williamsburg National Ins. CA2/4
Appellant Williamsburg National Insurance Company, acting through its agent Montana Bail Bonds, Inc. (collectively, the surety) posted bond for a criminal defendant who later failed to appear for trial. Bail was forfeited. In a previous appeal, we held that the trial court erred when it denied the surety’s motion for an extension of time to locate a defendant without first holding a hearing.
Upon remand, the parties stipulated to the maximum extension that would have been available under the applicable statutes had the trial court held a hearing and granted the surety’s motion: nine days. The surety did not locate defendant within that time period. The surety then moved to vacate the forfeiture and exonerate bail, arguing that the delay caused by the trial court’s previous error and the ensuing appeal interfered with the surety’s ability to locate the defendant. The trial court denied the motion, and the surety appealed.
Comments on P. v. Williamsburg National Ins. CA2/4