1. If the defendant fails to appear when the defendant’s presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:
(a) Enter upon its minutes that the defendant failed to appear;
(b) Not later than 14 judicial days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and
(c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if the depositor is not the defendant, be given notice that the defendant has failed to appear, by certified mail or electronic transmission, receipt of delivery requested, within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing or electronic transmission to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.
2. Except as otherwise provided in subsection 3 and NRS 178.509, an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of the court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed or electronically transmitted pursuant to subsection 1.
3. The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:
(a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.
(b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:
(1) Is ill;
(2) Is insane; or
(3) Is being detained by civil or military authorities,
and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.
(Added to NRS by 1967, 1453; A 1969, 625; 1971, 598; 1979, 1400; 1983, 210; 1987, 1025; 1991, 1015; 1999, 1845; 2003, 2103; 2015, 2567; 2017, 276)
Structure Nevada Revised Statutes
Chapter 178 - General Provisions
NRS 178.388 - Presence of defendant.
NRS 178.391 - Second prosecution for same offense prohibited.
NRS 178.397 - Assignment of counsel.
NRS 178.3971 - Appointment of defense team for defendant accused of murder of first degree.
NRS 178.398 - Execution against defendant’s property.
NRS 178.39801 - Collection of fee by certain entities.
NRS 178.39802 - Additional costs and fees for collection.
NRS 178.3982 - "Administrator" defined.
NRS 178.3983 - "Division" defined.
NRS 178.3984 - "Division facility" defined.
NRS 178.39845 - "Forensic facility" defined.
NRS 178.3985 - "Mental disorder" defined.
NRS 178.3986 - "Person with mental illness" defined.
NRS 178.399 - "Treatment to competency" defined.
NRS 178.400 - Incompetent person cannot be tried or adjudged to punishment for public offense.
NRS 178.417 - Certification of person who evaluates competency of defendant required.
NRS 178.420 - Procedure on finding defendant competent.
NRS 178.425 - Procedure on finding defendant incompetent.
NRS 178.430 - Commitment of defendant exonerates bail.
NRS 178.440 - Clerk to certify costs to county or city.
NRS 178.4715 - Notification of victims upon discharge, conditional release or escape.
NRS 178.478 - Motions; affidavits.
NRS 178.482 - Additional time after service by mail.
NRS 178.4853 - Factors considered in reviewing custody status.
NRS 178.487 - Bail after arrest for felony offense committed while on bail.
NRS 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release.
NRS 178.4873 - Postconviction petitioner for habeas corpus: Release pending appeal.
NRS 178.488 - Right to bail upon review; notice of application to be given district attorney.
NRS 178.499 - Increase in amount.
NRS 178.504 - Justification of sureties.
NRS 178.506 - Declaration of forfeiture.
NRS 178.509 - Exoneration of surety before date of forfeiture: Conditions; grounds.
NRS 178.512 - Setting aside forfeiture: Conditions; grounds; when written finding is required.
NRS 178.514 - Enforcement of forfeiture.
NRS 178.516 - Remission of forfeited money.
NRS 178.518 - Payment of forfeited deposits to county treasurer or State Controller.
NRS 178.522 - Exoneration of bail.
NRS 178.524 - Deposit required in certain cases.
NRS 178.526 - Arrest of defendant.
NRS 178.528 - Disposition of money deposited as bail.
NRS 178.532 - Recommitment of defendant after having given bail or deposited money.
NRS 178.534 - Contents of order for recommitment.
NRS 178.536 - Arrest on order of recommitment.
NRS 178.542 - Records: District court.
NRS 178.544 - Records: Justice Court.
NRS 178.546 - Records: Court of Appeals and Supreme Court.
NRS 178.548 - Notification of district attorney when bail bond is forfeited.
NRS 178.554 - Dismissal by district attorney or Attorney General by leave of court.
NRS 178.556 - Dismissal by court for unnecessary delay.
NRS 178.562 - Dismissal or discharge as bar to another prosecution.
NRS 178.564 - Certain offenses for which party injured has civil action may be compromised.
NRS 178.566 - Compromise to be by permission of court; order to bar another prosecution.
NRS 178.568 - No public offense to be compromised except as provided in this title.
NRS 178.5691 - Confidentiality of personal information.
NRS 178.5692 - Investigation by sheriff of threats of harm; protection.
NRS 178.5696 - Separate waiting area; disposition of personal property; fees for testifying.
NRS 178.574 - Order of immunity bar to prosecution; exception.
NRS 178.576 - Failure of witness granted immunity to testify is contempt.
NRS 178.578 - Denial of motion.
NRS 178.582 - Service: When required.
NRS 178.584 - Service: How made.
NRS 178.586 - Notice of orders.
NRS 178.588 - Filing of papers.
NRS 178.589 - Use of facsimile machine.
NRS 178.592 - Calendar of criminal actions: Preparation by clerk.
NRS 178.594 - Order of disposing of issues on calendar.
NRS 178.596 - Exceptions unnecessary.
NRS 178.606 - Docket kept by deputy clerk of justice court; contents.
NRS 178.608 - Rules of justice courts and district courts not to be inconsistent with this title.
NRS 178.610 - Where no procedure specifically prescribed court may proceed in lawful manner.
NRS 178.620 - Enactment; text.
NRS 178.630 - Duties of Director of Department of Corrections.