Rule 27.5.Exoneration of Bondsman After Forfeiture

Rule 27. PRE–TRIAL RELEASE PROGRAM · Not amended since adoption on record · Last verified July 17, 2026

In one sentenceRule 27.5 keeps a surety on an appearance bond liable until the surety files a written motion, the court enters an order exonerating the bondsman, and all accrued costs are paid, and it requires the bondsman to tell the district attorney in writing why the defendant was not produced.

Full Text of Rule 27.5

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The surety in an appearance bond shall not be relieved from the liability of said bond except upon the filing of a written motion and the entering of an order by the court or one of the judges thereof exonerating said bondsman and payment of all accrued costs. The bondsman shall be

responsible for informing the district attorney, in writing, of the reason for failure to produce the body of the defendant as provided in the bond.

Plain-English Summary

Once a bail bond is forfeited because a defendant fails to show up, the surety does not walk away from the liability. Rule 27.5 requires the surety to file a written motion and get an order from the court — one of its judges — formally exonerating the bondsman, and to pay whatever costs have accrued, before the liability on the bond goes away.

The rule also puts an information obligation on the bondsman: whoever wrote the bond has to tell the district attorney, in writing, why they were unable to produce the defendant as the bond required. That written explanation gives the prosecutor a record of what happened before any relief from the forfeiture is granted.

Frequently Asked Questions

Does a surety automatically get released from liability once a bond is forfeited?

No. The surety remains liable unless a written motion is filed and the court enters an order exonerating the bondsman, with all accrued costs paid.

What must a bondsman pay before being exonerated from liability on a forfeited bond?

All accrued costs must be paid as part of the exoneration process.

Does the bondsman have to explain to anyone why the defendant was not produced?

Yes, the bondsman must inform the district attorney, in writing, of the reason for failure to produce the body of the defendant as the bond required.

Who can enter the order exonerating a bondsman from liability?

The court, or one of its judges.

Is a bondsman’s written motion alone enough to secure release from liability?

No, the court must also enter an order granting the exoneration and the bondsman must pay all accrued costs.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

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