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Motion To Be Relieved As Bondsperson With Instructions Form. This is a Delaware form and can be use in Superior Court Statewide.
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INSTRUCTIONS
MOTION TO BE RELIEVED AS BONDSPERSON
(For cases in Superior Court)
1.
The attached form is provided to assist a bondsperson in filing a Motion to be Relieved
as Bondsperson. The motion must be legibly handwritten or typewritten and signed by
the movant/bondsperson under penalty of law. The attached form may be used as the
motion if it is filled in as completely as possible.
2.
Complete the top portion of the motion. Case numbers (ID Number and Criminal
Action Numbers) are available from a copy of the bond which was signed by the
bondsperson when bail was posted. If a copy of the bailbond is not available, Court
staff may assist. The defendant’s full name, any aliases, and date of birth, if unknown,
may be obtained from Court staff.
3.
Complete the bondsperson’s name, address and telephone number.
4.
Enter the amount of bail posted and the bail type -- cash, property, or a combination.
5.
Provide the defendant’s address, if known. If the defendant is incarcerated, please
provide the name and address of the institution.
6.
State the reason(s) the bondsperson wishes to be relieved as bondsperson clearly in
ordinary language.
7.
Sign and date the Motion and Certificate of Service. Make at least two copies of the
Motion and Certification of Service. Serve one copy on the Attorney General’s Office
(see step 8), and keep one copy for your records.
8.
Serve one copy of the Motion on the Attorney General’s Office by taking the original and
copies of the Motion to the Office of the Attorney General, Department of Justice,
Carvel State Office Building, 7th Floor. The staff at the Department of Justice will sign
and stamp the original Motion to show that it has been served on the Attorney General.
They will keep a copy of the Motion. This provides the State of Delaware the
opportunity to respond to the motion.
9.
File the original Motion and Certificate of Service with the Prothonotary’s office in
person Monday through Friday between 8:30 a.m. and 5:00 p.m.
10.
Court staff will provide the date and time of the hearing on the Motion at the time the
Motion is filed. Appear for the hearing on that date and time. Bring the defendant if
possible to the hearing.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR
COUNTY
STATE OF DELAWARE
Case ID Number:
v.
Defendant’s Full Name
Criminal Action Numbers:
Aliases, if any
Date of Birth:
MOTION TO BE RELIEVED AS BONDSPERSON
1.
2.
3.
Bondsperson’s Name:
Bondsperson’s Address:
Telephone (daytime):
Amount of Bond Posted: $
4.
Defendant’s Address:
Is defendant incarcerated? Yes - No
Bail Type: Cash - Property -Combined
If so, where:
5.
State the reason or reasons the bondsperson wishes to be relieved as bondsperson:
6.
I declare the truth of the above under penalty of perjury.
Date Signed
Signature of Bondsperson
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR
COUNTY
STATE OF DELAWARE
Case ID Number:
v.
Defendant’s Full Name
ORDER
This____________day of________________, ______, the Court having heard the
Motion to Be Relieved as Bondsperson, IT IS ORDERED that:
Judge
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CERTIFICATE OF SERVICE
I,
, bondsperson for the defendant, hereby certify
that I have served a true and correct copy of the attached Motion to be Relieved as Bondsperson
upon the Deputy Attorney General on the_________day of ____________________, ______, as
follows:
______________________________________
(name of Deputy Attorney General)
Deputy Attorney General
Department of Justice
820 North French St.
Carvel State Office Bldg.
Wilmington, DE 19801
Date Signed
Signature of Bondsperson
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