(a) A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the surety be released from liability on the bond.
§ 996.110.Application For Order that Surety Be Released; Application For Order that Another Surety Be Substituted
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.110 lets a surety on a bond given in an action or proceeding apply at any time for release from liability, lets the principal respond by applying to substitute another surety, and requires the applicant to serve the application and a hearing notice on the other principal or surety and the beneficiary at least fifteen days before the hearing.
Full Text of § 996.110
(b) The principal on a bond may, if a surety applies for release from liability on a bond, apply to the court for an order that another surety be substituted for the original surety.
(c) The applicant shall serve on the principal or surety (other than the applicant) and on the beneficiary a copy of the application and a notice of hearing on the application. Service shall be made not less than 15 days before the date set for hearing.
Plain-English Summary
A surety who backed a bond isn't locked in indefinitely. Subdivision (a) lets that surety apply to the court, at any time, for an order releasing the surety from liability on the bond -- no need to wait for a triggering event or the underlying case to end.
That application puts the principal in a position to respond. Subdivision (b) lets the principal, once a surety has applied for release, apply in turn for an order substituting another surety in the original surety's place, so the bond stays in force rather than going unsecured.
Either kind of application has to be served well in advance of the hearing -- on the principal or surety other than the applicant, and on the beneficiary, at least fifteen days before the date set for hearing, along with a copy of the application itself. Section 996.120 covers what the court decides at that hearing, and §§ 996.130-996.150 spell out what happens depending on whether a sufficient substitute surety gets given.
Frequently Asked Questions
Can a surety ask to be released from a bond before the case is over?
Yes, § 996.110(a) lets a surety apply for release at any time.
What can the principal do once a surety applies for release?
Apply to the court for an order substituting another surety in the original surety's place.
How much notice must be given before the hearing on this kind of application?
At least fifteen days, served on the other principal or surety and on the beneficiary, along with a copy of the application.
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: surety release from bond californiasubstitute surety on bond california