If the principal does not give a sufficient substitute surety within the time ordered by the court or such longer time as the surety consents to, all rights obtained by giving the original bond immediately cease and the court shall upon ex parte motion so order.
§ 996.140.Sufficient Substitute Surety Not Timely Given By Principal
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 996.140 provides that if the principal fails to furnish a sufficient substitute surety within the time the court ordered, or any longer period the surety agrees to, every right obtained by giving the original bond immediately ends, and the court must so order on an ex parte motion.
Full Text of § 996.140
Plain-English Summary
Section 996.120's order to substitute a surety comes with a deadline, and this section supplies the consequence for missing it. If the principal doesn't produce a sufficient substitute surety within the time the court set, or a longer period the existing surety agrees to, every right the principal obtained by giving the original bond ends immediately.
The court doesn't need a noticed hearing to make that consequence official. It enters the order on an ex parte motion, without the delay a normal noticed motion would require, because the underlying deadline already gave the principal fair warning and an opportunity to comply.
Frequently Asked Questions
What happens if the principal doesn't provide a substitute surety within the time ordered?
All rights obtained by giving the original bond cease immediately.
Can the deadline for giving a substitute surety be extended?
Yes, if the surety consents to a longer time than the court originally ordered.
Does the principal get a hearing before this consequence takes effect?
No. The court enters the order on an ex parte motion.
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: failure to substitute surety californiaex parte motion surety bond california