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62.090 Proceeding for release and indemnity of sureties -- Where brought.

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62.090 Proceeding for release and indemnity of sureties -- Where brought. If a surety in any official bond, or bond of a personal representative, guardian, <br>conservator, curator, assignee or trustee, master commissioner, receiver, or in any bond or <br>covenant which by law may be required to be executed in court, or before an officer at the <br>commencement or during the progress of any civil judicial proceeding, wishes to be <br>relieved from future liability and to obtain indemnity for liability already incurred, or <br>either, he may file a motion in the court in which the original bond was given or in whose <br>clerk's office the bond is required to be kept. If the bond was not given in any court or is <br>not required to be kept in any office, the motion shall be filed in the Circuit Court of the <br>county in which the principal resides, or if the principal has no residence in this state, <br>then in the Circuit Court of the county of the residence of the surety. The motion may be <br>filed in the court or the motion and notice, with return showing service, may be filed in <br>the office of the clerk of the court. Effective: July 15, 1982 <br>History: Amended 1982 Ky. Acts ch. 141, sec. 47, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 5, effective June 17, 1978. -- Recodified 1942 Ky. Acts <br>ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4659, 4664. Note: 1980 Ky. Acts ch. 396, sec. 50 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, <br>sec. 146, also effective July 1, 1982.