Establishing secure connection…Loading editor…Preparing document…

Motion to Be Relieved as Bondsperson

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

INSTRUCTIONS

MOTION TO BE RELIEVED AS BONDSPERSON

(For cases in Superior Court)

  1. The attached form is provided to assist a bondsperson in filing a Motion to be Relieved as Bondsperson. The motion must be legibly handwritten or typewritten and signed by the movant/bondsperson under penalty of law. The attached form may be used as the motion if it is filled in as completely as possible.
  2. Complete the top portion of the motion. Case numbers (ID Number and Criminal Action Numbers) are available from a copy of the bond which was signed by the bondsperson when bail was posted. If a copy of the bailbond is not available, Court staff may assist. The defendant's full name, any aliases, and date of birth, if unknown, may be obtained from Court staff.
  3. Complete the bondsperson's name, address and telephone number.
  4. Enter the amount of bail posted and the bail type -- cash, property, or a combination.
  5. Provide the defendant's address, if known. If the defendant is incarcerated, please provide the name and address of the institution.
  6. State the reason(s) the bondsperson wishes to be relieved as bondsperson clearly in ordinary language.
  7. Sign and date the Motion and Certificate of Service. Make at least two copies of the Motion and Certification of Service. Serve one copy on the Attorney General's Office (see step 8), and keep one copy for your records.
  8. Serve one copy of the Motion on the Attorney General's Office by taking the original and copies of the Motion to the Office of the Attorney General, Department of Justice, Carvel State Office Building, 7th Floor. The staff at the Department of Justice will sign and stamp the original Motion to show that it has been served on the Attorney General. They will keep a copy of the Motion. This provides the State of Delaware the opportunity to respond to the motion.
  9. File the original Motion and Certificate of Service with the Prothonotary's office in person Monday through Friday between 8:30 a.m. and 5:00 p.m.
  10. Court staff will provide the date and time of the hearing on the Motion at the time the Motion is filed. Appear for the hearing on that date and time. Bring the defendant if possible to the hearing.

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR COUNTY

STATE OF DELAWARE

V.

Defendant's Full Name

Aliases, if any

Date of Birth:

Case ID Number:

Criminal Action Numbers:

MOTION TO BE RELIEVED AS BONDSPERSON

1. Bondsperson's Name:

2. Bondsperson's Address:

Telephone (daytime):

3. Amount of Bond Posted: $ Bail Type: Cash - Property -Combined

4. Defendant's Address:

Is defendant incarcerated? Yes No If so, where:

5. State the reason or reasons the bondsperson wishes to be relieved as bondsperson:

6. I declare the truth of the above under penalty of perjury.

Date Signed

Signature of Bondsperson

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR COUNTY

STATE OF DELAWARE

V.

Defendant's Full Name

Case ID Number:

ORDER

This day of , the Court having heard the Motion to Be Relieved as Bondsperson, IT IS ORDERED that:

Judge

CERTIFICATE OF SERVICE

I, bondsperson for the defendant, hereby certify that I have served a true and correct copy of the attached Motion to be Relieved as Bondsperson upon the Deputy Attorney General on the as follows:

(name of Deputy Attorney General)

Deputy Attorney General

Department of Justice

820 North French St.

Carvel State Office Bldg.

Wilmington, DE 19801

Date Signed

Signature of Bondsperson

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Motion to Be Relieved as Bondsperson Is

A Motion to Be Relieved as Bondsperson is a formal court filing by a person or entity that posted bail seeking permission to be released from ongoing obligations under a bail bond. The motion explains factual and legal grounds for relief, such as changed circumstances, inability to locate the defendant, medical emergency, misrepresentation, or financial hardship. Courts evaluate the motion against public-safety concerns and the interests of the state or surety. If granted, the court issues an order terminating the bondsperson's obligations or imposing conditions for continued release.

Why You Would File This Motion

Filing lets a bondsperson request formal discharge from surety obligations when continuing exposure is unreasonable or impossible, while giving the court a record of steps taken and proposed safeguards for public safety.

Why You Would File This Motion

Who Typically Prepares and Files This Motion

The motion is commonly prepared by professional sureties, individual bondspersons, or defense counsel when circumstances justify relief.

  • Licensed bail bond agents seeking court permission to end liability after defendant absconds or dies.
  • Defense attorneys filing on behalf of a bondsperson or defendant when conditions change.
  • Corporate surety legal departments managing portfolio risk and requesting judicial modification.

Each filer should follow local rules for form, service, and supporting evidence; courts often require clear grounds and notice to the prosecution.

Typical Signatories and Filers

Bondsperson — Licensed Bail Agent

A licensed bail agent or company officer prepares the motion when continuing exposure is no longer tenable. The filing explains factual grounds, attaches bond documentation, and requests release or replacement of the bond under court supervision.

Defense Attorney — Counsel

A defense attorney may file or join a motion to protect the bondsperson’s interests while proposing alternatives such as new surety, reappearance conditions, or surrender of collateral to avoid prejudicing the defendant’s rights.

Step-by-Step: Preparing and Filing the Motion

Follow a clear sequence to prepare, sign, serve, and file the motion so the court can rule on your request efficiently.

  • 01
    Draft Motion: Describe facts, cite authority, and request specific relief in plain language.
  • 02
    Attach Evidence: Include bond paperwork, affidavits, medical or employment records, and any relevant exhibits.
  • 03
    Serve Parties: Complete service to the prosecutor, defendant, and other interested parties per local rules.
  • 04
    File with Court: Submit the motion and exhibits to the clerk in person or electronically, complying with local filing procedures.

Configure an Online Workflow for This Motion

Set up a digital workflow to collect signatures, attach exhibits, and route the motion for filing and service.

Field Configuration
Signature Field Required for bondsperson and counsel; enable signer authentication.
Notary Field Add if local law requires notarized affidavits; support RON if permitted.
Attachment Uploads Allow PDFs for exhibits; set max file size per court limits.
Routing Order Send first to counsel, then to bondsperson, then to filer for court submission.

Typical Filing and Service Flow

The motion follows a standard path from preparation to judicial disposition; adapt timing to local rule timeframes.

  • Prepare: Complete motion, attach exhibits, and verify caption and case number.
  • Sign: Obtain signatures from bondsperson and counsel; notarize affidavits if required.
  • Serve: Serve prosecutor, defendant, and interested parties per court rules.
  • File: File electronically or at clerk’s office and retain stamped copy or confirmation.

Digital Filing and eSubmission Considerations

Courts and clerks vary in accepted electronic formats and filing channels; confirm local e-filing requirements in advance.

  • File Formats: PDF preferred; PDF/A acceptable for archived exhibits.
  • Authentication: Use email + SMS or advanced signer ID per court request.
  • Integrations: Connect with court e-filing portals or case management systems.

Ensure the chosen platform preserves an audit trail (timestamps, IP, signer identity) and retains signed copies for required retention periods.

eSignature Vendor Pricing and Feature Snapshot

Commercial eSignature options vary by pricing model, feature set, and compliance. The table shows starting price and common capability differences for comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No free trial No free trial Yes, limited Yes, limited
Bulk Send Yes (Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Required Information Typically Included

Court Caption: Court name and venue
Case Number: Court docket number
Parties: Defendant and plaintiff names
Bond Details: Bond amount and instrument
Grounds: Specific reasons for relief
Signature: Bondsperson or counsel signature

Consequences of an Improper or Late Motion

Motion Denied: Relief request refused
Bond Revocation: Surety obligations may continue
Financial Liability: Potential forfeiture or judgment
Contempt Sanctions: Sanctions for procedural failures
Late Filing: Court may impose fees
Evidence Excluded: Supporting documents could be barred

Common Pitfalls to Avoid

  • Incorrect captioning or case number often causes rejection or misfiling; verify court name and docket before submission.
  • Failing to serve all required parties in the manner the court requires can result in delayed hearings or dismissal of the motion.
  • Providing unsupported or vague factual assertions without sworn affidavits or exhibits weakens the motion and reduces chances of relief.
  • Omitting license or bond documentation for a corporate surety delays review; attach bond instrument, power of attorney, and proof of authority.

Practical Tips for a Clear, Effective Motion

Adopt consistent formatting and include concise, evidentiary support to help the court evaluate the request quickly.

Use Clear Headings
Organize the motion with labeled sections: background, grounds, relief requested, and exhibits for easier judicial review.
Attach Sworn Affidavits
Provide notarized or sworn statements that corroborate facts and establish credibility of the bondsperson’s claims.
Cite Local Rules
Reference the specific local rule or statute authorizing relief to align the motion with procedural expectations.
Provide Proposed Order
Include a clean proposed order for the judge to sign that mirrors the relief requested in the motion.

Representative Situations Where Relief Is Sought

Two common scenarios illustrate when courts may consider relieving a bondsperson from obligations.

Absconding Defendant

Bondsperson documents repeated attempts to locate the defendant and provides evidence of absconding

  • Court assesses public-safety risk and prior compliance
  • The motion requests termination of surety duties and permission to pursue forfeiture or collateral remedies while protecting the defendant’s rights.

Medical Emergency

Bondsperson shows sudden incapacitating illness or business disruption prevents continuing obligations

  • Affidavits and medical records submitted
  • The motion asks for temporary relief or substitution of surety pending recovery or appointment of a replacement.

Frequently Asked Questions and Troubleshooting

Answers to common procedural questions about preparing, serving, and filing a Motion to Be Relieved as Bondsperson.


Need help? Contact support

Explore Templates

Meeting Room Rental Agreement Table and Chair Rental Agreement Condominium Addendum to Rental Agreement Rental Agreement Rental Contract in Spanish Basic Rental Agreement or Residential Lease
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.