§ 995.410.Statute Requiring Approval of Bond

Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 4. Approval and Effect · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 995.410 lets a bond become effective without approval unless the statute providing for it requires court or officer approval, in which case the court or officer may approve or disapprove based on the sureties' affidavit or certificate, or examine witnesses and evidence, and may approve a bond in a greater amount than required.

Full Text of § 995.410

Text sizeJump to: (a) (b) (c)

(a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer.

(b) If the statute providing for a bond requires that the bond be approved, the court or officer may approve or disapprove the bond on the basis of the affidavit or certificate of the sureties or may require the attendance of witnesses and the production of evidence and may examine the sureties under oath touching their qualifications.

Plain-English Summary

Approval isn't automatic for every bond — it depends on what the underlying statute demands. Subdivision (a) sets the default: a bond becomes effective without any approval step unless the statute providing for it specifically requires court or officer approval.

Where approval is required, subdivision (b) gives the court or officer real flexibility in how to conduct it. The decision can rest on the affidavit or certificate the sureties submit, or the court or officer can go further — requiring witnesses to attend, evidence to be produced, and examining the sureties under oath about their qualifications.

Subdivision (c) removes any doubt about bonds that exceed the statutory minimum: nothing in this section stops a court or officer from approving a bond in an amount greater than what the statute requires.

Frequently Asked Questions

Does every bond need to be approved by a court or officer?

No. A bond becomes effective without approval unless the statute providing for it specifically requires approval.

How does a court or officer decide whether to approve a bond?

Based on the sureties' affidavit or certificate, or by requiring witnesses, evidence, and sworn examination of the sureties' qualifications.

Can a bond be approved for more than the amount the statute requires?

Yes, § 995.410(c) doesn't prevent approving a bond in a greater amount than required.

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

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