Ky. Cir. Ct. Clerks' Manual BONDS AND SURETIES

12 BONDS AND SURETIES

RCr 4, CR 65.05, RAP 62-63, KRS 431.510-.545

District and Circuit Courts

 Bonds and Sureties in Criminal Cases

 Bonds and Sureties in Civil Cases

 Replevin Bond

 Supersedeas Bond

12.1 General Provisions and Clerk’s Responsibilities

1. When bond is set, it is your responsibility to assess and take the required

security, write the bond and process it. Refuse any surety if there is any

doubt as to the sufficiency to cover the amount of the bond. KRS 30A.060,

RCr 4.32. However, take any bond that the court orders, following the

specific requirements of the order. If the judge's order specifies full cash,

you may not accept property. RCr 4.04(3).

2. In addition to the circuit clerk, the chief circuit judge shall authorize

another public official to prepare and accept bail bonds. KRS 30A.060(3),

RCr 4.24. You are not responsible for the sufficiency of bail taken by the

official. The official must turn over to you by the next business day the bail

bond and any other papers, the money received, and the bond filing fee.

RCr 4.28.

NOTE: There is no liability for taking an insufficient bond when following

the court’s order or when another authorized official takes the bond.

3. Certain persons cannot act as sureties on a bond. The surety (except an

approved corporate surety), must be a resident of Kentucky or own real

estate in Kentucky. This is not required on a full cash bond. For more

information, see Sureties.

4. If bond is posted in district court, but the case is transferred to circuit

court, send the bond papers to circuit court with the rest of the case file. In

cases involving a change of venue, send the bond and any deposits to the

court where venue has been ordered.

5. The conditions of release listed on the bail bond form, including

subsequent modifications, shall be entered on the bail bond screen in

KyCourts within 24 hours of being filed, excluding weekends and holidays.

Quick Reference

Assess bond and

take required

security

If bond is

transferred or

appealed, send

bond papers to

circuit court with

the rest of file

Enter conditions of

the bond in

BONDS AND SURETIES

12.2 Bonds and Sureties in Criminal Cases

12.2.1 Non-Financial Uniform Schedule of Bail Pre-Arraignment Release

Protocol

Effective January 1, 2024, the Non-Financial Uniform Schedule of Bail Administrative Release

Program is amended to the Non-Financial Uniform Schedule of Bail Pre-Arraignment Release

Protocol.

“Non-Financial Uniform Schedule of Bail” means the authority granted by the court to a

pretrial officer to apply a pre-determined release decision to detained defendants based on

a uniform schedule of bail without the need for a judicial review.

Eligible defendants with a low risk or moderate risk score on the pretrial services interview

assessment may be release on recognizance. Exceptions:

• The defendant is charged with a violation of KRS 222.202 (Offenses of Alcohol

Intoxication or Drinking Alcoholic Beverages in a Public Place) or KRS 189A.010, in

which case he or she may be released under certain conditions.

• The defendant is charged with violating KRS 189A.010 with injuries or accident or

any aggravating circumstances (other than refusals).

• The defendant is charged with a violation of KRS 189A.090 (Driving on a DUI

Suspended License).

• Charges of bail jumping, violation of a protective order, and DUI 2nd Offense or

Greater are not eligible for pre-arraignment release.

12.2.2 Driving Under the Influence

• A verified and eligible Kentucky resident charged with a first offense of KRS 189A.010

(Driving Under the Influence) shall be released on recognizance, provided that the charging

document does not disclose any injuries/accident or aggravating circumstances as defined in

KRS 189A.010(11)(excluding refusals). If the charging document discloses any aggravating

circumstances, then the Schedule shall not be applicable.

• In the event there are no injuries/accident or aggravating circumstances disclosed, the

defendant shall be released as follows:

o To an adult who is willing to accept responsibility for the defendant through a

signature verification on a form prescribed by the Administrative Office of the

Courts; or

o At such time as the defendant is able to safely care for himself or herself but in no

event shall the defendant be detained for more than eight (8) hours following his or

her arrest; or

o Unless such person’s release is precluded by other provisions of law.

• Bail for a non-resident defendant charged with a first offense of KRS 189A.010 shall be set

per KRS 431.523.

BONDS AND SURETIES

KRS 431.523(1): Bail for persons who are not residents of Kentucky who are charged with

a

violation of KRS 189A.010 shall be five hundred dollars ($500) unless the defendant was

involved in a motor vehicle accident in which property damage or physical injury to a

person was involved in which case bail shall be one thousand five hundred dollars

($1,500). In the event of serious physical injury or death the minimum amount of bail

shall be five thousand dollars ($5,000). Must be full cash or court approved surety. KRS

431.523(2).

12.2.3 A.I., Drinking Alcoholic Beverages in a Public Place and Public

Intoxication

• Any verified and eligible defendant with a low or moderate risk score who has been arrested

for a violation of KRS 222.202 (Alcohol Intoxication or Drinking Alcoholic Beverages in a

Public Place), and who and has not had two (2) prior convictions for violations of KRS

222.202 in the previous twelve (12) months in accordance with KRS 222.204, shall be

released pursuant to the Pre-Arraignment Release Protocol as follows:

o To an adult who is willing to accept responsibility for the defendant through a

signature verification on a form prescribed by the Administrative Office of the

Courts or by verbal affirmation and showing a government issued identification to

the jailer; or

o At such time as the defendant is able to safely care for himself or herself but in no

event shall the defendant be detained for more than eight (8) hours following his or

her arrest. All determinations as to the number and timing of a defendant’s prior

violations of KRS 222.202 shall be made at the jail.

• All determinations as to the number and timing of a defendant’s prior violations of KRS

222.202 shall be made at the jail.

12.2.4 Public Intoxication

Unless otherwise ordered by the court, a defendant charged with a violation of KRS 502500

(Public Intoxication) with a low risk or moderate risk score shall be released as follows:

o To an adult who is willing to accept responsibility for the defendant through a

signature verification on a form prescribed by the Administrative Office of the

Courts; or

o At such time as the defendant is able to safely care for himself or herself but in no

event shall the defendant be detained for more than eight (8) hours following his or

her arrest.

BONDS AND SURETIES

12.2.5 Bail Bond Processing

1. Collect the partial or full amount of the bond imposed by the court plus Quick Reference

the bond filing fee as set forth in the Accounting Manual, and give a Collect bond, plus

receipt. KRS 64.005, KRS 431.540, RCr 4.22, 4.26(1). This fee may be bond filing fee

collected at the defendant's first court appearance (OAG 81-299) and may

be waived if the defendant is indigent. Edmonson v. Commonwealth, 725

S.W. 2d 595 (Ky. 1987). A defendant shall not be held in custody for failure

to pay the $25.00 bond filing fee.

NOTE: On a property bond, collect a bond recording fee and a lien release

fee for the county clerk as well as the bond filing fee per instructions in the

Accounting Manual.

AOC Form 365.1

2. When someone wants to post a bond, prepare AOC Form 365.1, Bail Bond,

include thereon any nonfinancial conditions the judge has imposed.

3. Have the defendant sign the form in the boxed area in the middle and at

the bottom. Verify affidavit requirements and, if the surety qualifies (see

surety requirements section), have the surety sign as surety in the boxed

area of the form. (Except an approved corporate surety).

4. Have the judge sign the order to the jailer at the bottom of the form, or

sign for the judge if you are authorized to do so.

5. Distribute the copies of the bond per the distribution list on the form.

6. Apply the FILED stamp to the top copy of the bond form; add the date Verify affidavit

and your initials. requirements

7. File on a bail screen, within 24 hours, excluding weekends and holidays,

the conditions of release, including subsequent modifications must be

entered on the bail screen.

File, date, initial

Enter bond details

in KYCourts within

24 hours

BONDS AND SURETIES

12.2.6 Bail Bond Entry Codes

Type of Bond Bond

Code

ROR - Release on Personal OR

Recognizance

Pre-Arraignment Release ADMREL

Property Bond PB

Unsecured Bond UN

Full Cash Bond FC

Partially Secured Cash Bond PS

Guaranteed Arrest Bond Certificates GA

12.2.7 Released on Personal Recognizance

Release on personal recognizance (known as ROR or OR), is release based on the

defendant's written promise to appear. RCr 4.00(f), RCr 4.10.

12.2.8 Property Bond

A bond in which the defendant or surety pledges real property, located in

Kentucky, instead of cash to guarantee the defendant’s appearance. Review

the court order and determine the amount of property required to set bond

for the defendant. RCr 4.04(1)(d)(v).

NOTE: The equity in the real estate must be twice the amount of the bond

over and above any other encumbrances or exemptions. KRS 431.535 (1)(b),

RCr 4.34(5).

1. Require the defendant or his surety to file AOC Form 360, Sworn Schedule Quick Reference

for Bail Bond Secured by Real Estate. RCr 4.34(1). The schedule must AOC Form 360

include a legal description of the real estate.

NOTE: A “manufactured home,” as defined in KRS 186.650, can only be

accepted as part of the real property to be used as security on a property

bond if the owner of the manufactured home:

(1) Executes and files with the county clerk an affidavit of conversion

to real estate pursuant to KRS 186A.297 that states that the

manufactured home has been or will be permanently affixed to

the real estate; and

BONDS AND SURETIES

(2) Accompanies the affidavit with a surrender of the Kentucky Quick Reference

certificate of title. A “recreational vehicle” (as defined in KRS

186.650), including a travel trailer, camping trailer, truck camper,

and motor home, should never be included in the value of real

property.

Require a

2. Require the defendant or the surety to file a statement from the Property statement from the

Valuation Administrator (PVA) of the county where the land is located, PVA showing the

showing the value of the land. In addition, if the defendant or surety wants value of the land,

you to include the value of the manufactured home in the value of the and if necessary,

land, require him or her to file a certified copy of the applicable affidavit of the manufactured

conversion to real estate that was filed with the county clerk, accompanied home on it.

by a certified copy of the Kentucky certificate of title for the manufactured

home that was surrendered to the county clerk.

CAVEAT: The PVA statement of value should already include the value of

the manufactured home. Do not add the value of the manufactured home

a second time. RCr 4.34(1).

3. The property must be worth twice the amount of the bond over and above The property must

any other encumbrances or exemptions. KRS 431.535 (1)(b), RCr 4.34(5). be worth twice the

Each property owner has a $5,000 homestead exemption. KRS 427.060, amount of the bond

KRS 431.535(1)(b), RCr 4.34(5). There is another exemption pursuant to 11 over and above any

U.S.C. § 522(d), currently in the amount of $15,000 plus $800 plus up to other

$7500 of any of the unused amount of the exemption provided in 11 USC encumbrances or

Section 522(d)(1). Upon execution of AOC- 360 these exemptions are exemptions.

waived.

NOTE: The homestead exemption should not be applied to rental

property. It should be deducted only from the value of property used as a

permanent residence when determining its value for use as a property

bond. The homestead exemption may be waived by the property owner

for purposes of posting a property bond. The waiver should be in writing,

signed by all parties with an interest deeded in the property, and state the

waiver is for the purpose of posting a property bond. KRS 427.060, KRS

427.100. The waiver should be included in the paperwork for bond.

NOTE: The property cannot be used as security if it has been used as

security on a bail bond within the preceding 12 months. (This requirement

does not apply if the property belongs to the defendant or to a relative.

Relative is defined as no further removed from the defendant than a first Continue with bail

cousin, or the defendant's father-in-law, mother-in-law, son-in-law, or bond processing.

daughter-in-law. KRS 431.535(3)(e)).

Send a certified

4. If you are satisfied with the value of the real property, continue with bail copy of the bail

bond processing. bond to the county

5. Send a certified copy of the bail bond and sworn schedule, and the clerk where the

recording fees collected, to the county clerk of each county in which the land is located.

land is located. RCr 4.36.

BONDS AND SURETIES

NOTE: Affix a green sticker to the outside of the case file to denote a property bond has

been posted in the case. This alerts you to release the bond in the county clerk’s office

according to the judge’s order when the defendant has been sentenced and the case has

been disposed of. Order the green sticker from AOC using item number AVE-05052, and

indicating the color fluorescent green.

12.2.9 Unsecured bond

An unsecured bond is a promise by the defendant or surety to pay the

designated amount upon a failure to appear when ordered by the court to

do so or upon a breach of a material condition of release, not secured by

any deposit of or lien upon property. RCr 4.00(h).

12.2.10 Full Cash Bond

A full cash bond is a bond in which the full amount of the bond (see

Accounting Manual for acceptable forms of payment) is deposited in your

office either by the defendant or surety. RCr 4.00(b).

12.2.11 Partially Secured Cash Bond

A partially secured cash bond is a bond which requires a deposit of less than

the full amount of the bond. The exact percentage depends on the judge's

order, and may be as little as 10% of the amount of the bond. The

designated percentage is paid to your office by the defendant or surety at

the time of release of the defendant. In the event of forfeiture for

nonappearance, the defendant or the surety is liable for the full amount of

the bond. RCr 4.00(b).

12.2.12 Guaranteed Arrest Bond Certificate

Guaranteed Arrest Bond Certificate (RCr 4.18) is a printed card issued by the

American Automobile Association (or similar organization) guaranteeing the

appearance of its members on most motor vehicle violations. RCr 4.18(2).

• You must accept this certificate in lieu of cash bail bond up to $500

for most motor vehicle offenses. RCr 4.18(1). The certificate may

not be used on violations of KRS 189A.010 (driving while

intoxicated) or KRS Chapter 281 (motor carriers for hire). RCr

4.18(1)(b).

• The certificate must:

• Have the defendant's signature, RCr 4.18(1), (2);

• Be in effect on the date of the violation, RCr 4.18(1)(a); and

• Carry a statement that the association guarantees the

defendant's appearance or will pay the fine or forfeiture up

to $500. RCr 4.18(2)(a), (b).

BONDS AND SURETIES

BONDS AND SURETIES

12.2.13 Stocks and Bonds

Stocks and Bonds as security is a bond in which the defendant or surety

deposits these securities instead of cash to guarantee the defendant's Quick Reference

appearance. RCr 4.04(1)(d)(iv). Require a sworn

schedule containing

1. Require the defendant or the surety to file a sworn schedule containing

the specified

the following information RCr 4.34(2), (3), (4):

information

• Description of the securities;

• Present market value of each;

• Total market value;

• That affiant(s) is/are the sole owner(s) of the securities;

• That the securities are not exempt from execution;

• That the property is security for the appearance of the

defendant in accordance with the condition of release

imposed by the court;

• That the property has not been used as security on a bail

bond within the preceding 12 months. (This requirement

does not apply if the securities belong to the defendant or to

a relative. Relative is defined as no further removed from the

defendant than a first cousin, or the defendant's

father-in-law, mother-in-law, son-in-law, or daughter-in-law.

KRS 431.535(2)(e)).

• The valuation given in the sworn statement must be equal to

the amount of the undertaking, over and above any

Require a

encumbrances or exemptions. KRS 431.535(1)(a).

statement of

2. If you are satisfied with the value of the securities offered, require the assignment for the

defendant or surety to deposit the securities with you with a statement of securities

assignment of the securities giving you "stocks and bonds power" over the

securities. KRS 431.535(1)(a).

Mail a copy of the

3. Mail a copy of the statement of assignment to the bank or other financial

statement to the

institution.

bank

4. You may require the defendant or surety to obtain a statement from the

bank or other financial institution disclosing the amount of penalty for

early withdrawal. If a penalty applies you may require the defendant or

surety to post in cash the amount of the penalty times 365 days to cover

the penalty in the event of forfeiture. Continue with bail

5. Continue with bail bond processing. bond processing

6. Place the securities and defendant’s assignment of "stocks and bonds Place statement of

power" in a lock box at your bank. The AOC will pay any rental charges assignment in a

incurred for the lock box. bank lock box

BONDS AND SURETIES

12.3 Bail Bond Credit

1. Upon receipt from the jailer of AOC Form 365.2, Notice of Bail Quick Reference

Credit, apply the FILED stamp, add the date and your initials. AOC Form 365.2

2. Complete a document screen using document code NBC. File, date, initial

3. Update the bond information. For more information on how to update the Document code

bail bond information, see Bail Detail in the KyCourts Manual. NBC

12.4 Change in Posted Bail Bond

Unless otherwise specified, when the judge orders a change in an existing AOC Form 365.1

bond of any type, complete and process AOC Form 365.1, Bail Bond in the

same manner as an original bond, including thereon any nonfinancial

conditions which the judge has imposed. RCr 4.12 and 4.14.

NOTE: Do not charge a bond filing fee since this is a modification of the Do not charge a

original bail bond. For more information regarding processing a reduction bond filing fee

or increase in the original bond, see the Accounting Manual.

12.5 Defendant Lodged in Another Jurisdiction

If a defendant is jailed in a county or state different from where he/she was

charged, there are two ways to accomplish the posting of bond.

NOTE: Exception- Does not pertain to extradition proceedings. Kentucky

does not have Jurisdiction over out of state bonds and therefore should

not collect bonds set by another state.

12.5.1 Posting Bond in a County Where Defendant Was Charged

1. Complete the bond form and if required, have the surety sign in your Complete bond

presence. form, have surety

sign

2. Fax the completed bond form (with surety’s signature, if required) to the

jail where the defendant is lodged. Direct the jailer or a notary to witness Fax form to where

the defendant signing the bond. the defendant is

lodged

3. Have the signed bond form returned to you by hand-delivery or fax.

Attach the bond form signed by the defendant form to the original bond

form.

4. Fax AOC Form 385, Release from Custody to the jail after the signed bond AOC Form 385

form is received. The release alerts the jail that you have received the Fax form to the jail

bond form with the defendant’s signature and the defendant may be where the

released from jail. defendant is lodged

BONDS AND SURETIES

12.5.2 Posting Bond in a County Where Defendant is Lodged

The circuit clerk (or jailer if so designated) of the county where the defendant Quick Reference

is lodged may allow the defendant to post bond in that county.

Receipt bond

1. Receipt the bond money (if a cash bond) as Money Collected for Others. money

2. Forward the bond paperwork, (including a copy of the receipt) together Forward bond

with a check for the amount of the bail bond to the clerk of the county paperwork to the

where the defendant is charged. county clerk where

defendant is

charged

12.6 Sureties

RCr 4.30(2), KRS 431.510

 The following persons cannot be sureties:

• Attorneys;

• Sheriffs and deputy sheriffs;

• Judges;

• Master commissioners and trial commissioners;

• Clerks and deputy clerks;

• For-profit bail bondsmen, whether individuals or corporations;

• Pretrial release officers.

NOTE: The surety (except an approved corporate surety, KRS

304.21-350) must be a resident of Kentucky or own real estate in

Kentucky. This is not required on a full cash bond. RCr 4.30(1).

1. Require the surety (except an approved corporate surety, KRS 304.21-350)

to complete and sign the Affidavit of Surety contained in the boxed area of AOC Form 365, Bail

AOC Form 365, Bail Bond, describing the property with which he/she will Bond

cover the amount of the bond. This is not required on a full cash bond.

RCr 4.30(1).

2. The surety must have nonexempt value equal to the amount of the bond.

If there are several sureties, their combined nonexempt worth must be

equal to the amount of the bond. RCr 4.32. Each property owner has a

$5000 homestead exemption. KRS 427.060. This is not required on a full

cash bond. RCr 4.30(1).

BONDS AND SURETIES

12.7 Bonds More Than $10,000 Cash

1. Prepare IRS Form 8300, Transactions Receipted for More Than $10,000.00 Quick Reference

Cash when a bond is receipted for more than $10,000.00 cash, for the IRS Form 8300

following offenses:

Mail form within 15

o Controlled Substances, KRS Chapter 218A; or days

o Money Laundering or Racketeering, KRS 506.120 Internal Revenue

NOTES: Service

Detroit Computing

• Federal Form 8300, reports of cash payments over $10,000.00 received Center

in a trade or business, must be completed and submitted to the P.O. Box 32621

Internal Revenue Service within 15 days after receipt of such money. Detroit, MI 48232

Mail the original of the form to the Internal Revenue Service.

By 1/31 each year,

• You are responsible for filing IRS Form 8300, even if the jailer takes the provide a written

bond. For more information, see the Accounting Manual. It is statement to each

acceptable for the circuit clerk, deputy clerk or bookkeeper to sign the person named on

form. You must retain a copy of every Form 8300 filed for a period of each IRS Form 8300

five years. filed the previous

• By January 31st of each year, you must provide a written statement to year

each person(s) named on each Form 8300 that you filed during the

previous year. This statement must include your name and address;

your title, (circuit clerk); your office phone number and the total

amount of reportable cash received from the person(s) during the

year. The statement must include the fact that you are reporting the

information to the Internal Revenue Service.

• Civil and criminal penalties may be imposed for willful non-compliance

with these guidelines.

2. In box #34 on the form type - Bail posted for (state specific criminal

offense).

3. If the case number is available, include it on the form.

4. Enter the Cash received from the person. This includes the following:

• US Currency totaling more than $10,000.

• Cashier’s check, bank draft, money order or traveler’s check less than

$10,000 combined with US Currency to total more than $10,000.

• Cashier’s check, bank draft, money order or traveler’s check less than

$10,000 combined with another cashier’s check, bank draft, money

order or traveler’s check less than $10,000 to total more than

$10,000.

• This includes the amount of bail plus any fees (such as bail bond fee) if

the total including fees makes the bond total over $10,000.

• Cash does not include personal checks, regardless of the amount.

BONDS AND SURETIES

BONDS AND SURETIES

5. Make a copy of the original form and after marking through the social

Quick Reference

security number, distribute copies as follows:

Make copies of the

• File one copy in the respective case file and retain for five years. IRS Form 8300,

cross out the Social

• One copy to the bookkeeper in your office.

Security number,

• In case of an IRS audit, contact AOC Court Services. and distribute

accordingly

• The U.S. Attorney in the district where the defendant resides.

• The U.S. Attorney in the jurisdiction where the offense was committed if

different from the defendant’s Residence.

NOTES:

• For attorney mailing addresses throughout the country, see the United

States Attorneys' Offices Contact Information list.

• For additional information, see the Accounting Manual.

• In case of an IRS audit, contact your AOC Court Services.

12.8 Refunds

RCr 4.44; RCr 4.48; KRS 431.545

A court order is required to release or refund a bond. For more information,

see the Accounting Manual.

1. Apply the ENTERED stamp to the order; add the date and your initials. Enter, date, initial

2. File a document screen. Use document type OREF. Document type

OREF

12.9 Property Bond Release

1. Complete AOC Form 366 Property Bond Lien Release Notification. AOC Form 366

2. Deliver the form, together with the lien release fee collected at the time

the bond was filed, to the County Clerk of the county where the real estate

is situated. The lien on the real estate must be discharged and the release

recorded in the margin by the county court clerk. RCr 4.44(3).

3. Enter the form on a document screen. Use document type PBR. Document type

4. Within seven days of the release by the county clerk, send notice of the PBR

release to the property owner. Send notice of

NOTE: Lack of good cause for delay in releasing a lien will result in a daily release to property

fine of $100.00 TO $500.00. KRS 382.365. owner

BONDS AND SURETIES

12.10 Disposition of Bail Bond Monies

When the court orders discharge of the bail bond upon compliance with

conditions of release, release the bond and distribute the bail bond money.

12.10.1 Money Deposited by Defendant

• 10 Percent Bond

o Defendant found not guilty or case dismissed, return full amount.

KRS 431.530(5).

o Defendant found guilty, retain 10 percent of amount deposited but

not less than $5.00; on defendant's request via a bond assignment,

pay defendant’s attorney of record. KRS 431.530(3), (4); RCr 4.46.

o If a percentage bond other than a 10% bond is posted, do not retain

any percentage of the amount deposited.

• Other Amount of Cash

o Defendant found not guilty or case dismissed, return full amount.

KRS 431.535(6); RCr 4.44(2).

o Defendant found guilty, on court order, pay fine and/or costs; on

defendant's request via a bond assignment, pay attorney; return

any remainder without retaining any percentage. RCr 4.44(2); 4.46.

• Stocks and Bonds

Defendant found guilty, not guilty or case dismissed, return full amount.

KRS 431.535(6).

BONDS AND SURETIES

12.10.2 Money deposited by surety:

• 10 Percent Bond

o Defendant found not guilty or case dismissed, return full amount.

KRS 431.532(4).

o Defendant found guilty, retain 10% of amount deposited but not

less than $5.00. KRS 431.532(2), RCr 4.44(2).

o If a percentage bond other than a 10% bond is posted, do not retain

any percentage of the amount deposited.

• Other Amount of Cash

Defendant found guilty, not guilty or case dismissed, return full amount.

KRS 431.535(6).

• Stocks and Bonds

Defendant found guilty, not guilty or case dismissed, return full amount.

KRS 431.535(6).

• Bond Assignment

When the bond is posted by a surety, the bond assignment must be

made by the surety. Acceptance of the bond assignment by the Circuit

Clerk creates an obligation for which the clerk is liable. The Circuit Clerk

is liable if money is released to an improper party. See Bond

Assignments in the Accounting Manual.

NOTE: Money deposited by a surety cannot be applied to fines and costs without

consent of the surety.

BONDS AND SURETIES

12.11 Forfeitures

RCr 4.42, RCr 4.48 Quick Reference

1. If the court schedules a bond forfeiture hearing, complete a scheduled Scheduled events

events screen for the next available court date. Use the scheduled events code BFH

code BFH. The hearing is to determine if the bond should be forfeited.

2. Send notice of the hearing to the defendant and the defendant’s surety, if Send notice of

any. hearing to

defendant/surety

3. Apply the ENTERED stamp to the order; add the date and your initials.

Enter, date, initial

4. File on a document screen. Use document type OFB. RCr 4.48(4).

Document type

NOTE: If the district court orders a forfeiture and the amount is beyond its OFB

jurisdiction, or if real estate is involved, send a copy of the district court's order

and the bond to the circuit court. RCr 4.48(2). Consult local protocol before

generating a circuit court action. In circuit court, open the case following Circuit Civil CI case

instructions in the Case Add section of KYCourts Manual. Generate the next Case type OTH

circuit civil CI number or use the next pre-numbered file folder. Use case type

OTH.

5. Serve a copy of the order by first class mail on the defendant and the

surety at their last known addresses. RCr 4.48(1). Event code OH

6. Create a tickler system for 30 days from the date the order is mailed by

completing a scheduled events screen. Use scheduled event code OH. The Create a tickler

defendant or surety has 20 days after service of the order to appear. RCr system

4.48(1).

7. If the defendant or surety request a hearing within 20 days after service of

Scheduled events

the order complete a scheduled events screen for the next available court

code BFH

date. Use scheduled event code BFH.

NOTE: This hearing is not for the purpose of determining whether bond should

be forfeited but is for the purpose of determining whether the court's prior

order of forfeiture should be reversed.

8. If no hearing is requested after the appropriate time frame has elapsed,

the funds can be released.

9. If a hearing is requested within the appropriate time frame, deliver the

case file to the judge. When a signed judgement is received to set aside

the bond forfeiture, enter on a document screen and give notice of entry

by mailing a copy of the judgment to the defendant and surety.

NOTE: When a bond is forfeited, the defendant or surety may be liable for the

full amount of the bond, even if a lesser amount was deposited. RCr 4.48(1).

10. Forfeit the bond. For more information, see the Accounting Manual or

contact Court Services. Forfeit the bond

11. If the forfeiture is a property bond, immediately send the judgment of

forfeiture to each county clerk where the land is located. RCr 4.48(4)

BONDS AND SURETIES

BONDS AND SURETIES

12.12 Surrender of Defendant

RCr 4.50

12.12.1 Exoneration

• At any time before forfeiture, any surety or any party acting at the request

of the surety, may move the court before which the defendant has been

held to answer, for exoneration from liability on the bond or recognizance

and that any money or bonds that have been deposited as bail be returned

to the surety. The motion must be in writing and served upon all parties.

• After a hearing upon the motion, for good cause shown, the court may

exonerate the surety or sureties, subject to the interests of any valid

lienholder, from liability on the bond or recognizance. Any money or bonds

that have been deposited as bail shall be returned to the surety or sureties

once the defendant is remanded to custody or released on such conditions

required by the court.

1. Upon receipt of a motion to exonerate, apply the FILED stamp; add the

date and your initials. Quick Reference

File, date, initial

2. Schedule a hearing by completing a scheduled events screen and file the

motion by completing a motion screen.

3. When a signed order is received, apply the ENTERED stamp; add the date

Enter, date, initial

and your initials. Enter on a document screen.

4. Do not refund any money or bonds held pursuant to the court's order until

the defendant is remanded to custody or released on such conditions

required by the court.

12.12.2 Bail Posted in One Court, Proceedings in Another

Court

1. If bond is posted in district court but the case is transferred to circuit court, send the

bond papers to circuit court with the rest of the case file. RCr 3.22, 4.54(1).

2. In cases involving change of venue, send the bond and any deposits to the court where

venue has been ordered. RCr 3.12, 3.22, 8.26.

BONDS AND SURETIES

12.13 Bonds and Sureties in Civil Cases Process Map

KRS 30A.060, 454.180 to 454.190, CR 4.11, CR 65.05, CR 81A

Quick Reference

 There are various types of civil bonds that may be filed with the clerk. The

amount of the bond is set by the court and is usually equivalent to the

judgment or amount of property being secured. When in doubt as to the

proper amount of a bond, consult the presiding judge.

 A bond pursuant to CR 4.11 may be posted to secure the property of a party Require surety to

who has been constructively served. This bond guarantees the compliance make an affidavit

of the filing party in the event the constructively served party files for relief

from a judgment within one year after its entry. The amount of the bond

shall be fixed at not less than the fair market value of the property awarded

in the judgment. Verify affidavit

requirements

 A bond pursuant to CR 65.05 may be required for temporary injunctions or

restraining orders. For more information, see Temporary Injunctions and

Restraining Orders.

 You are responsible for the sufficiency of any surety accepted by you or

your deputy. KRS 30A.060.

1. When a civil bond is filed, require the surety to make an affidavit to show

qualification. KRS 454.180, KRS 454.185. Taking the affidavit relieves you

of liability for taking insufficient surety if the surety falsifies their

financial situation. Commonwealth v. Lewis, 181 Ky. 804, 205 S.W. 921

(1918).

Collect bond filing

2. Verify affidavit requirements. The surety must: fee

• Be a resident of Kentucky.

Document type

• Be worth double the sum to be secured, beyond debts. BSUR

• Have property in Kentucky, not exempt from execution,

equal to the amount of bond.

Refuse any surety if you are in doubt as to the sufficiency to cover the

amount of the bond. If your judge orders you to take a bond you must

do so; the order protects you from liability for taking an insufficient

bond.

3. Collect the bond filing fee as set forth in the Accounting Manual, and

give a receipt. KRS 64.005.

4. File the bond and affidavit by completing a document screen. Use

document type BSUR. You may file the affidavit as an attachment in the

memo.

NOTE: The following governmental agencies are exempt from giving

bond in order to bring an action, take any steps in a proceeding,

indemnify a party, or stay the enforcement of a judgment. CR 81A, KRS

454.190.

BONDS AND SURETIES

• The United States.

• The Commonwealth of Kentucky, its cities, counties, or other

political subdivisions, their agencies or officers acting for them.

12.14 Replevin Bond Process Map

KRS 426.450 - 426.470

1. The judgment debtor may postpone collection of most money judgments Quick Reference

for three months by posting a replevin bond with surety. KRS 426.450.

2. Judgments which cannot be replevied are:

• A judgment to enforce a lien;

• A judgment against a collecting officer, attorney or agency in a suit for

neglect of failure to fulfill his/her duties;

• A judgment of a surety against his/her principal;

• A judgment upon a debt due by obligation having the force of a

judgment;

• A judgment for specific property or its value;

• A judgment on a sale, replevin, or forthcoming bond. KRS 426.470.

3. Require the surety to make an affidavit to show qualification. KRS 454.180, Require the surety

454.185. Taking the affidavit relieves you of liability for taking insufficient to make an affidavit

surety if the financial information is falsified. Commonwealth vs. Lewis,

181 Ky. 804, 205 S.W. 921 (1918).

4. Verify affidavit requirements. Verify affidavit

The surety must: requirements

• Be a resident of Kentucky.

• Be worth double the sum to be secured, beyond debts.

• Have property in Kentucky, not exempt from execution,

equal to the amount of bond.

Refuse any surety if you are in doubt as to the surety's sufficiency to cover

the amount of bond. If your judge orders you to take a bond you must do

so; the order protects you from liability for taking an insufficient bond.

5. Collect a bond filing fee as set forth in the Accounting Manual, and give a

receipt. Collect bond filing

fee

6. Apply the FILED stamp to the bond; add the date and your initials.

File, date, initial

7. Complete a document screen. Use document type BO.

Document type BO

BONDS AND SURETIES

12.15 Bonds in Appeals Cases Process Map

12.15.1 Civil Cases

 A supersedeas bond is security posted by the appealing party (who has lost a Quick Reference

lawsuit in a lower court) to compensate the opposing party for the legal

expenses in case it wins also in the higher (appellate) court. Supersedeas

bonds are only available in civil cases. For more information, see Appeals.

 AOC Form 155, Supersedeas Bond AOC Form 155

1. A civil appellant may give a supersedeas bond to stay enforcement of

judgment pending appeal. RAP 63(B). The trial court retains jurisdiction to

determine all matters related to the right to file a supersedeas bond, (the

amount, sufficiency, and surety) even after a notice of appeal or other

appellate steps have been taken. RAP 63(C)(2).

2. KRS 411.187 establishes a $100 million cap on any supersedeas bond for

punitive or exemplary damages on a civil judgment that is appealed. By

court order, the cap may be lifted and the bond requirement reinstated to

the full amount of the judgment. This provision applies to all civil actions

including pending appeals.

3. You or the trial court judge may approve the bond for good and sufficient Approve the bond

surety.

The bond must (unless the court orders otherwise):

• Show the surety's address; (the surety must be someone other

than the appellant) Webb v. Webb, Ky., 500 S.W.2d 59 (1973);

(there is no restriction against a corporation of which the appellant

is president signing appellant's bond as surety); RAP 63(B)(1);

• Undertake to pay the amount of the judgment stayed, plus

interest, costs and any modification by the appellate court; RAP

63(B)(1)-(2);

• If the judgment concerns particular property, or, if the property is

Collect bond filing

held by the sheriff, the amount of the bond need cover only

fee

damages for use of property plus interest and costs. RAP 63(B)(3).

4. Collect the bond filing fee as set forth in the Accounting Manual and give a

File, date, initial

receipt. KRS 64.005.

5. Apply the FILED stamp to the bond and affidavit; add the date and your

initials.

Document type

6. Complete a document screen. Use document type AFF. AFF

7. Mail a copy of the bond to all appellees. RAP 5(D).

8. Make a notation of the mailing in the document screen memo where the bond is filed.

BONDS AND SURETIES

12.15.2 Criminal Cases

1. Provisions governing bail on pretrial release apply to bail on appeal. RCr Quick Reference

12.78(3).

2. If the judge does not order a change in the bail, it remains effective.

3. If the judge orders any changes in the bail, prepare a new bond in

accordance with the judge's instructions.

4. Collect the bond filing fee as set forth in the Accounting Manual and give a Collect bond filing

receipt. KRS 64.005. fee

5. Apply the FILED stamp to the bond; add the date and your initials.

6. Complete a bail screen. For more information, see Bail Detail Screen in the File, date, initial

KyCourts Manual.

7. Send a copy of the bond to the Commonwealth Attorney. RCr 12.80. Make Mail a copy of the

a notation of the service in the bail screen memo. bond to the

Commonwealth

Attorney