Form 9-308. Order setting aside bond forfeiture.

[For use with District Court Rule 5-406 NMRA, Magistrate Court Rule 6-406 NMRA, Metropolitan Court Rule 7-406 NMRA and Municipal Court Rule 8-406 NMRA] STATE OF NEW MEXICO [COUNTY OF _______________] [CITY OF ________________] __________________ COURT STATE OF NEW MEXICO [COUNTY OF _______________] [CITY OF ________________] v. No. __________ _______________________________, Defendant [and __________________________________________, (surety) __________________________________________, (surety)] ORDER SETTING ASIDE BOND FORFEITURE The court held a hearing on _________________________ (date) to determine whether a judgment of default should be entered on the defendant’s bond(s). 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 judgment of default on the bond(s) has not been entered in the above case. IT IS ORDERED that the forfeiture previously entered by this court is set aside. _____________________________ Judge