The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable to obtain sufficient sureties, whether personal or admitted surety insurers. In exercising its discretion the court shall take into consideration all factors it deems relevant, including but not limited to the character of the action or proceeding, the nature of the beneficiary, whether public or private, and the potential harm to the beneficiary if the provision for the bond is waived.
§ 995.240.Waiver of Provision of Bond In Action Or Proceeding
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 2. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.240 lets a court, in its discretion, waive a bond requirement in an action or proceeding and issue orders as if the bond had been given, when the principal is indigent and unable to obtain sufficient personal or corporate sureties, weighing factors like the nature of the proceeding and the potential harm to the beneficiary.
Full Text of § 995.240
Plain-English Summary
This section gives courts a way to keep an indigent litigant from being shut out of a remedy solely because a bond is out of reach. If the court determines the principal can't give the required bond because of indigency and an inability to obtain sufficient sureties — whether personal sureties or admitted surety insurers — the court may, at its discretion, waive the bond requirement and make whatever orders would otherwise depend on the bond having been given.
That discretion isn't unguided. The court has to weigh all relevant factors, and the statute names three: the character of the action or proceeding, whether the beneficiary is a public or private party, and the potential harm to the beneficiary if the bond requirement is waived.
Unlike § 995.220's categorical exemption for government entities, this waiver is case-by-case and depends on the principal's actual financial circumstances, not on the principal's status.
Frequently Asked Questions
Can a court waive a bond requirement for a party who can't afford one?
Yes, if the court finds the principal is indigent and unable to obtain sufficient personal or corporate sureties, § 995.240 lets the court waive the bond in its discretion.
What factors does the court weigh in deciding whether to waive the bond?
All relevant factors, including the character of the action or proceeding, whether the beneficiary is public or private, and the potential harm to the beneficiary if the bond is waived.
Is this the same as the government exemption in § 995.220?
No. Section 995.220 exempts certain government entities regardless of financial circumstances; § 995.240 is a discretionary waiver tied to a private principal's indigency.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: indigent waiver bond californiacannot afford bond court waiver california