State of Utah v. Sun Surety Insurance Company, 2003 WL 21295845 (Utah App. February 27, 2003) held that the bail bond was exonerated because the notice of nonappearance was sent to the bail agent not the surety company as required by Utah Code Section 77-20b-101.
In State v. Cobos, 2003 WL 22361492 (Utah App. October 17, 2003) the surety filed a motion in the trial court to set aside entry of judgment against the surety and exonerate the bond. The trial court denied the motion and the surety appealed. The Court of Appeals dismissed the appeal for lack of jurisdiction. According to the Court, in Utah the surety can obtain review only as part of an appeal from the final judgment in the criminal case or by filing a petition for an extraordinary writ.
State v. Sun Surety Insurance Company, 99 P.3d 818 (Utah 2004) held that a bail bond surety did not have standing to appeal the trial court’s refusal to set aside forfeiture of the bond. The Utah Supreme Court thus vacated the Court of Appeals holding that the forfeiture should be vacated because notice of the forfeiture was mailed only to the bail agent and not to the surety. The Supreme Court held that only the criminal defendant and the State are parties to a criminal case with standing to appeal, but in a footnote it suggested that the proper method for the surety to raise its objections is by “extraordinary writ.”