Montana Code Annotated 2001

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     46-9-401. Forms of bail. (1) Bail may be furnished in the following ways:
     (a) by a deposit with the court of an amount equal to the required bail of cash, stocks, bonds, certificates of deposit, or other personal property approved by the court;
     (b) by pledging real estate situated within the state with an unencumbered equity, not exempt, owned by the defendant or sureties at a value double the amount of the required bail;
     (c) by posting a written undertaking executed by the defendant and by two sufficient sureties; or
     (d) by posting a commercial surety bond executed by the defendant and by a qualified agent for and on behalf of the surety company.
     (2) The amount of the bond must ensure the appearance of the defendant at all times required through all stages of the proceeding including trial de novo, if any, and unless the bond is denied by the court pursuant to 46-9-107, must remain in effect until final sentence is pronounced in open court.
     (3) Nothing in this chapter prohibits a surety from surrendering the defendant pursuant to 46-9-510 in a case in which the surety feels insecure in accepting liability for the defendant.

     History: En. 95-1112 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1112; amd. Sec. 79, Ch. 800, L. 1991.

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