Art. 349.5. Nullity actions, summary proceedings, and cumulative actions
A.(1) The defendant and his sureties shall be entitled to assert defenses and actions in nullity by use of summary proceedings in the criminal matter before the trial court that issued the judgment of bond forfeiture within sixty days after the date of mailing the notice of the signing of the judgment of bond forfeiture. Any summary proceeding brought by the defendant or his sureties within the sixty-day period shall be determined by the court within one hundred eighty days of the date of mailing the notice of the signing of the judgment of bond forfeiture.
(2) Nullity actions pursuant to Code of Civil Procedure Article 2001 et seq. not filed within the sixty days provided for filing summary proceedings shall be brought by the use of ordinary civil proceedings.
B. The defendant and his sureties shall be entitled to assert defenses pursuant to Articles 345 and 349.9 by use of summary proceedings in the criminal matter before the trial court that issued the judgment of bond forfeiture within one hundred eighty days after the date of mailing the notice of the signing of the judgment of bond forfeiture.
C. A surety, in an action in nullity or to set aside a bond forfeiture, may cumulate two or more cases that are similarly situated by the facts and legal issues as one cumulative action. The actions cumulated shall be mutually consistent and employ the same form of procedure. The action may be by summary proceedings in the section of the criminal court where those cases are pending, or by an ordinary civil proceeding when the action is within the jurisdiction of the court and in the proper venue. The surety has the burden of proving that the cumulation of the actions is appropriate and in the interest of justice.
D. If the court lacks jurisdiction or venue is improper as to one of the actions cumulated, that action shall be dismissed. If the cumulation is improper for any other reason, the court may do either of the following:
(1) Order separate trials or hearings of the actions.
(2) Order the moving party to elect which action shall proceed and to amend the pleadings to delete all allegations relating to the discontinued action. The penalty for noncompliance with an order to amend is a dismissal of the entire proceeding.
Art. 349.5. Nullity actions, summary proceedings, and cumulative actions
A.(1) The defendant and his sureties shall be entitled to assert defenses and actions in nullity by use of summary proceedings in the criminal matter before the trial court that issued the judgment of bond forfeiture within sixty days after the date of mailing the notice of the signing of the judgment of bond forfeiture. Any summary proceeding brought by the defendant or his sureties within the sixty-day period shall be determined by the court within one hundred eighty days of the date of mailing the notice of the signing of the judgment of bond forfeiture.
(2) Nullity actions pursuant to Code of Civil Procedure Article 2001 et seq. not filed within the sixty days provided for filing summary proceedings shall be brought by the use of ordinary civil proceedings.
B. The defendant and his sureties shall be entitled to assert defenses pursuant to Articles 345 and 349.9 by use of summary proceedings in the criminal matter before the trial court that issued the judgment of bond forfeiture within one hundred eighty days after the date of mailing the notice of the signing of the judgment of bond forfeiture.
C. A surety, in an action in nullity or to set aside a bond forfeiture, may cumulate two or more cases that are similarly situated by the facts and legal issues as one cumulative action. The actions cumulated shall be mutually consistent and employ the same form of procedure. The action may be by summary proceedings in the section of the criminal court where those cases are pending, or by an ordinary civil proceeding when the action is within the jurisdiction of the court and in the proper venue. The surety has the burden of proving that the cumulation of the actions is appropriate and in the interest of justice.
D. If the court lacks jurisdiction or venue is improper as to one of the actions cumulated, that action shall be dismissed. If the cumulation is improper for any other reason, the court may do either of the following:
(1) Order separate trials or hearings of the actions.
(2) Order the moving party to elect which action shall proceed and to amend the pleadings to delete all allegations relating to the discontinued action. The penalty for noncompliance with an order to amend is a dismissal of the entire proceeding.
Art. 349.5. Nullity actions, summary proceedings, and cumulative actions
A.(1) The defendant and his sureties shall be entitled to assert defenses and actions in nullity by use of summary proceedings in the criminal matter before the trial court that issued the judgment of bond forfeiture within sixty days after the date of mailing the notice of the signing of the judgment of bond forfeiture. Any summary proceeding brought by the defendant or his sureties within the sixty-day period shall be determined by the court within one hundred eighty days of the date of mailing the notice of the signing of the judgment of bond forfeiture.
(2) Nullity actions pursuant to Code of Civil Procedure Article 2001 et seq. not filed within the sixty days provided for filing summary proceedings shall be brought by the use of ordinary civil proceedings.
B. The defendant and his sureties shall be entitled to assert defenses pursuant to Articles 345 and 349.9 by use of summary proceedings in the criminal matter before the trial court that issued the judgment of bond forfeiture within one hundred eighty days after the date of mailing the notice of the signing of the judgment of bond forfeiture.
C. A surety, in an action in nullity or to set aside a bond forfeiture, may cumulate two or more cases that are similarly situated by the facts and legal issues as one cumulative action. The actions cumulated shall be mutually consistent and employ the same form of procedure. The action may be by summary proceedings in the section of the criminal court where those cases are pending, or by an ordinary civil proceeding when the action is within the jurisdiction of the court and in the proper venue. The surety has the burden of proving that the cumulation of the actions is appropriate and in the interest of justice.
D. If the court lacks jurisdiction or venue is improper as to one of the actions cumulated, that action shall be dismissed. If the cumulation is improper for any other reason, the court may do either of the following:
(1) Order separate trials or hearings of the actions.
(2) Order the moving party to elect which action shall proceed and to amend the pleadings to delete all allegations relating to the discontinued action. The penalty for noncompliance with an order to amend is a dismissal of the entire proceeding.
