Art. 335. Rule to show cause; bond forfeiture

            A. If the defendant fails to make an appearance and has not been surrendered or constructively surrendered within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent, the prosecuting attorney may file a rule to show cause requesting that a bond forfeiture judgment be rendered.

            B. The rule to show cause shall be mailed to the defendant, served on all other parties against whom a judgment is sought, and shall be set for a contradictory hearing.

            C. The time period for filing a rule to show cause to obtain a judgment of bond forfeiture shall be within five years after the notice of warrant for arrest is sent.

            D. For warrants issued prior to August 1, 2024, the rule to show cause requesting a bond forfeiture shall be filed no later than August 1, 2028. The state's right to file a rule to show cause to obtain a judgment of bond forfeiture is perempted if the rule to show cause is filed after August 1, 2028, and the surety shall be released of all obligations with respect to the bail undertaking.

            E. The five-year time period established by this Article is peremptive and is the exclusive prescriptive and peremptive period applicable to the filing of a rule to show cause to obtain a judgment of bond forfeiture. Upon the expiration of the five-year period, the right to file a rule to show cause to obtain a judgment of bond forfeiture is extinguished, and no court shall render a judgment of bond forfeiture on a rule to show cause filed after the expiration of the five-year time period. The general prescriptive periods provided in the Civil Code and any other general prescriptive or peremptive periods do not apply to the filing of a rule to show cause.

            Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2024, No. 221, §1; Acts 2026, No. 672, §1.