Rule 8-406. Bonds; exoneration; forfeiture.

A. Exoneration of bond. Unless otherwise ordered for good cause, a bond shall be automatically exonerated only under the following circumstances: (1) six (6) months after the posting of the bond if no charges are pending; (2) at any time prior to entry of a judgment of default on the bond if the municipal attorney approves; (3) upon surrender of the defendant to the court by an unpaid surety; (4) upon dismissal of the case without prejudice, unless the case involves a paid surety; or (5) upon acquittal, conviction, or dismissal of the case with prejudice. B. Surrender of the defendant by a paid surety. If the paid surety arrests the defendant under Section 31-3-4 NMSA 1978 prior to the entry of a judgment of default on the bond, the court may absolve the paid surety of responsibility to pay all or part of the bond. C. Forfeiture. If the defendant has been released upon execution of an unsecured appearance bond, percentage bond, property bond, cash bond, or surety bond under Rule 8-401 NMRA, and the defendant fails to appear in court as required, the court may declare a forfeiture of the bond. If a forfeiture has been declared, the court shall hold a hearing on the forfeiture prior to entering a judgment of default on the bond. A hearing on the forfeiture shall be held thirty (30) or more days after service of the Notice of Forfeiture and Hearing on the defendant, at the defendant’s last known address, and on the surety, if any, in the manner provided by Rule 8-407 NMRA. A paid surety may appear in municipal court without the assistance of an attorney as provided in Rule 8- 107 NMRA. D. Setting aside forfeiture. The court may direct that a forfeiture be set aside in whole or in part upon a showing of good cause why the defendant did not appear as required by the bond or if the defendant is surrendered by a surety, if any, into custody prior to the entry of a judgment of default on the bond. Notwithstanding any provision of law, no other refund of the bond shall be allowed. E. Judgment of default; execution. If, after a hearing, the forfeiture is not set aside, the court shall enter a judgment of default on the bond. If the judgment of default is not paid within ten (10) days after it is filed and served on the defendant, at the defendant’s last known address, and on the surety, if any, in the manner provided by Rule 8-407 NMRA, execution may issue thereon. F. Appeal. Any aggrieved person may appeal from a judgment or order entered under this rule as authorized by law for civil appeals in accordance with Section 35-15-7 NMSA 1978. An appeal of a judgment or order entered under this rule does not stay the underlying criminal proceedings.