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State v. Jackson12/19/1995
In this case, A-Jax was immediately notified of Bowling's failure to appear and was given an opportunity to contest the forfeiture. The trial court received memoranda and conducted a hearing, allowing A-Jax the opportunity to contest the forfeiture. Although it is true that the forfeiture hearing was not held ten days after Bowling's failure to appear, as required by Rule 7.6(d), A-Jax has shown no prejudice to it from the failure to hold the hearing within ten days. When, as in this case, a surety is afforded an opportunity to contest forfeiture, and when the surety does not establish prejudice from the untimely hearing, dismissal of the State's forfeiture action is not a required sanction for violation of the time provision of Rule 7.6(d).
The judgment is affirmed.
Jefferson L. Lankford, Judge
CONCURRING:
William F. Garbarino, Judge
James B. Sult, Judge
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
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