Art. 330. Notice of defendant's required appearance
A. When a bail undertaking fixes an appearance date, the defendant appears as
ordered, and notice of the next appearance date is given to the defendant, no additional notice
of that appearance date is required to be given to the defendant or the personal surety or the
commercial surety or the agent or bondsman who posted the bail undertaking for the
commercial surety.
B. When a bail undertaking does not fix the appearance date, written notice of the
time, date, and place the defendant is first ordered by the court to appear shall be given to the
defendant or his duly appointed agent and his personal surety or the commercial surety or the
agent or bondsman who posted the bail undertaking for the commercial surety.
C. If the defendant appears as ordered and the proceeding is continued to a specific
date, the defendant and the personal surety or the commercial surety or the agent or
bondsman who posted the bail undertaking for the commercial surety and who has been
given initial notice pursuant to Paragraph A or B of this Article, need not be given notice of
the new appearance date. If the defendant fails to appear as ordered, or the proceeding is not
continued to a specific date, the defendant or his duly appointed agent, the personal surety
or the agent or bondsman who posted the bail undertaking for the commercial surety shall
be given notice of the new appearance date.
D. Notice required pursuant to the provisions of this Article to the defendant and the
personal surety or the commercial surety or the agent or bondsman who posted the bail
undertaking for the commercial surety shall be made to the address provided pursuant to
Article 329. Notice may be:
(1) Delivered by an officer designated by the court at least two days prior to the
appearance date.
(2) Mailed by United States first class mail or by electronic means in accordance
with Article 329 at least five days prior to the appearance date.
E. Failure to give the notice required by this Article relieves the surety from liability
on a judgment of bond forfeiture for the nonappearance of the defendant on that particular
date.
Acts 1992, No. 254, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1997, No.
1305, §1; Acts 1997, No. 1498, §1, eff. Nov. 5, 1998; Acts 2016, No. 613, §1, eff. Jan. 1,
2017.