77-20-5 - Qualifications of sureties -- Justification -- Requirements of undertaking. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-20 > 77-20-5

77-20-5. Qualifications of sureties -- Justification -- Requirements of undertaking.
(1) The sureties on written undertakings shall be real or personal property holders withinthe state. The qualifications and bonding limits of bail bond sureties who are engaged in thefor-profit, commercial business of posting property bonds shall be established by the Bail BondSurety Oversight Board and rules adopted by the insurance commissioner. All other sureties shallcollectively have a net worth of at least twice the amount of the undertaking, exclusive ofproperty exempt from execution.
(2) Each surety shall justify by affidavit upon the undertaking and each may be furtherexamined upon oath by the magistrate or by the prosecuting attorney in the presence of amagistrate, in respect to his property and net worth.
(3) The undertaking shall, in addition to other requirements, provide that each suretysubmits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court ashis agent upon whom any papers affecting his liability on the undertaking may be served, and thathis liability may be enforced on motion and upon such notice as the court may require without thenecessity of an independent action.

Amended by Chapter 293, 1998 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-20 > 77-20-5

77-20-5. Qualifications of sureties -- Justification -- Requirements of undertaking.
(1) The sureties on written undertakings shall be real or personal property holders withinthe state. The qualifications and bonding limits of bail bond sureties who are engaged in thefor-profit, commercial business of posting property bonds shall be established by the Bail BondSurety Oversight Board and rules adopted by the insurance commissioner. All other sureties shallcollectively have a net worth of at least twice the amount of the undertaking, exclusive ofproperty exempt from execution.
(2) Each surety shall justify by affidavit upon the undertaking and each may be furtherexamined upon oath by the magistrate or by the prosecuting attorney in the presence of amagistrate, in respect to his property and net worth.
(3) The undertaking shall, in addition to other requirements, provide that each suretysubmits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court ashis agent upon whom any papers affecting his liability on the undertaking may be served, and thathis liability may be enforced on motion and upon such notice as the court may require without thenecessity of an independent action.

Amended by Chapter 293, 1998 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-20 > 77-20-5

77-20-5. Qualifications of sureties -- Justification -- Requirements of undertaking.
(1) The sureties on written undertakings shall be real or personal property holders withinthe state. The qualifications and bonding limits of bail bond sureties who are engaged in thefor-profit, commercial business of posting property bonds shall be established by the Bail BondSurety Oversight Board and rules adopted by the insurance commissioner. All other sureties shallcollectively have a net worth of at least twice the amount of the undertaking, exclusive ofproperty exempt from execution.
(2) Each surety shall justify by affidavit upon the undertaking and each may be furtherexamined upon oath by the magistrate or by the prosecuting attorney in the presence of amagistrate, in respect to his property and net worth.
(3) The undertaking shall, in addition to other requirements, provide that each suretysubmits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court ashis agent upon whom any papers affecting his liability on the undertaking may be served, and thathis liability may be enforced on motion and upon such notice as the court may require without thenecessity of an independent action.

Amended by Chapter 293, 1998 General Session