540.30 - Remission of forfeiture.

§ 540.30  Remission of forfeiture.    1.    After the forfeiture of a bail bond or cash bail, as provided in  section 540.10, an application for remission of such forfeiture  may  be  made to a court as follows:    (a)    If  the  forfeiture  has  been ordered by a superior court, the  application must be made in such court;    (b) If the forfeiture has been ordered by a local criminal court,  the  application  must be made to a superior court in the county, except that  if the local criminal court which ordered the forfeiture was a  district  court, the application may alternatively be made to that district court.    2.   The application must be made within one year after the forfeiture  of the bail is declared upon at least five days notice to  the  district  attorney  and  service of copies of the affidavits and papers upon which  the application is founded.   The court may grant  the  application  and  remit  the  forfeiture or any part thereof, upon such terms as are just.  The application may be granted  only  upon  payment  of  the  costs  and  expenses  incurred  in  the  proceedings  for  the  enforcement  of  the  forfeiture.