CHAPTER 1. FIXING OF BOND
IC 34-49
ARTICLE 49. BONDS
IC 34-49-1
Chapter 1. Fixing of Bond
IC 34-49-1-1
Fixing of bond by judge
Sec. 1. (a) This section applies whenever:
(1) any bond or undertaking is required in connection with any
civil action or proceeding brought in any court of Indiana; and
(2) in the absence of any provision of law specifying the
amount of the bond or undertaking.
(b) The judge of the court shall fix the penalty in an amount that
the judge considers adequate, but not less than one hundred dollars
($100).
(c) This section does not preclude a full and complete
reconsideration of the sufficiency of the amount by the judge of the
court in which the action or proceeding is pending upon the motion
of any aggrieved party.
As added by P.L.1-1998, SEC.45.
IC 34-49-1-2
Deposit of cash, check, or draft instead of bond
Sec. 2. (a) This section applies when any bond is required by law
to be filed in any civil, criminal, or probate proceedings, whether in
a circuit court, superior court, or a city court.
(b) The officer with whom the bond is required to be filed may
accept a deposit of cash or a properly certified check or draft for the
full amount of the bond instead of a bond.
(c) This section shall not be construed as mandatory on any court
or officer, but as conferring a privilege that may be exercised for the
convenience of litigants.
As added by P.L.1-1998, SEC.45.
IC 34-49-1-3
Examination of surety
Sec. 3. Every court and officer authorized to take any bail or
surety has authority to examine, on oath, the person offering to
become a bail or surety, concerning the person's property, and
sufficiency as a bail or surety.
As added by P.L.1-1998, SEC.45.
IC 34-49-1-4
Money instead of bail
Sec. 4. Any person required to give bail may deposit with the
clerk the amount of money for which the person is required to give
bail, and immediately be discharged from arrest.
As added by P.L.1-1998, SEC.45.