A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied:
§ 995.360.Withdrawal From File and Return to Principal On Order of Court
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 3. Execution and Filing · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.360 lets a bond given in an action or proceeding be withdrawn from the file and returned to the principal, on court order, only if the beneficiary stipulates to it or if the bond is no longer in force and the time to enforce liability on it has expired.
Full Text of § 995.360
(a) The beneficiary so stipulates.
(b) The bond is no longer in force and effect and the time during which the liability on the bond may be enforced has expired.
Plain-English Summary
A filed bond doesn't just come back to the principal on request. Section 995.360 permits withdrawal only on a court order, and only when one of two conditions holds: the beneficiary agrees to it by stipulation, or the bond has already stopped being in force and effect — under the events § 995.430 lists — and the time within which liability on the bond could still be enforced has run out.
That restriction protects the beneficiary's ability to rely on the bond staying available as long as it might matter, and it makes sure a bond doesn't disappear from the file while there's still a live possibility of enforcing liability on it.
Frequently Asked Questions
Can a principal get a filed bond back just by asking?
No. Section 995.360 requires a court order, and one of two specific conditions must be met first.
What are those two conditions?
Either the beneficiary stipulates to the withdrawal, or the bond is no longer in force and effect and the time to enforce liability on it has expired.
How does a bond stop being "in force and effect"?
Section 995.430 lists the events that end a bond's force and effect, such as the sureties withdrawing, the bonded purpose being satisfied, or the bond's term expiring.
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: withdraw bond from court file californiareturn bond to principal california