Motion To Set-Aside Judgment Of Forfeiture {CR-366}

Exempt from VRA Certif. All 3 pages of this form must be filed together. Page 1 of 3 Crim. R. 41(h)(3) CR-366 (7/13)(cs) MOTION AND ORDER RE SET-ASIDE OF JUDGMENT OF FORFEITURE IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA AT STATE OF ALASKA ) MUNICIPALITY OF ANCHORAGE ) CITY OF ) Plaintiff, ) vs. ) ) CASE NO. CR ) ) Defendant. ) MOTION TO SET-ASIDE DOB: ) JUDGMENT OF FORFEITURE This motion can only be filed within 30 days after the forfeiture judgment was distributed. Criminal Rule 41(h)(3) governs this procedure. Instructions: You must (1) complete pages 1 & 2; (2) a ttach a copy of the judgment of forfe iture ; and ( 3 ) serve a copy on the prosecutor, defendant , and person who posted/pledged security. You must sign this in front of a notary. A court clerk can notarize this for you at no charge. Bring a photo ID with you for the notarization. MOTION TO SET ASIDE JUDGMENT OF FORFEITURE The attached judgment of forfeiture was entered against the defendant for failure to appear. I request that the judgment be SET ASIDE because defendant did not willfully fail to appear for the hearing or justice does not require the enforcement of the judgment based on the affidavit below. HEARING. I do not request a hearing. I request a hearing in order to present evidence of the above. AFFIDAVIT I state upon oath or affirmation that the following facts are true to the best of my knowledge: American LegalNet, Inc. www.FormsWorkFlow.com Exempt from VRA Certif. All 3 pages of this form must be filed together. Page 2 of 3 Crim. R. 41(h)(3) CR-366 (7/13)(cs) MOTION AND ORDER RE SET-ASIDE OF JUDGMENT OF FORFEITURE Case No. (AFFIDAVIT CONTINUED) (Attach additional pages if necessary.) Date Signature of Person Filing Motion Print Name Mailing Address City State ZIP Work Phone Home Phone Cell Phone Subscribed and sworn to or affirmed before me at , Alaska, on , 20 . Clerk of Court, Notary Public or other person (SEAL) authorized to administer oaths. My commission expires: I c ertify that on copies of this motion , affidavit , and the judgment of forfeiture were sent to: Prosecutor Defendant Defendant Bond Company or Person who posted/pledged s ecurity : Signature of person serving motion: American LegalNet, Inc. www.FormsWorkFlow.com Exempt from VRA Certif. All 3 pages of this form must be filed together. Page 3 of 3 Crim. R. 41(h)(3) CR-366 (7/13)(cs) MOTION AND ORDER RE SET-ASIDE OF JUDGMENT OF FORFEITURE Case No. ORDER ON MOTION TO SET ASIDE JUDGMENT OF FORFEITURE Defendant or person who posted/pledged security filed a motion to set aside the following judgment of forfeiture: Date of Judgment: Amount Forfeited: $ A hearing on the motion was held on . No hearing was held because no evidence has been presented that requires an evidentiary hearing or because sufficient evidence was presented in the motion. IT IS ORDERED that the motion to set aside the judgment of forfeiture is: DENIED. The judgment remains in full force and effect. If not already paid, the judgment is due immediately. Reason for denial: There is insufficient evidence demonstrating that the defendant did not willfully fail to appear. There is insufficient evidence that justice requires the judgment to be set aside. Additional Explanation: GRANTED. The judgment of forfeiture is SET ASIDE. The bond is reinstated and remains in effect is exonerated. GRANTED IN PART. An amended judgment is entered as follows: AMENDED JUDGMENT It is hereby ordered: $ is forfeited and judgment is entered in that amount with interest and costs as provided by law. The security posted shall be applied in satisfaction of the judgment, and $ is reinstated and remains in effect is exonerated. Date Judge Type or Print Name of Judge I certify that on a copy of this order was sent to: Defendant Prosecutor Bond company Surety company or person who posted/pledged security Criminal Dept TCA or Bookkeeper AG/City Collections Unit with copy of original judgment of forfeiture Clerk: American LegalNet, Inc. www.FormsWorkFlow.com