Legal Definitions - exoneretur

Exoneretur is a historical legal term that refers to an official entry or notation made on a bail document. This entry formally declares that a surety – an individual or entity who guaranteed a defendant's appearance in court – is relieved or discharged from their financial or other obligations because the conditions of the bail have been successfully fulfilled.

Here are some examples to illustrate the concept of exoneretur:

• Example 1: Family Member as Surety

  Imagine a situation where a son is arrested, and his mother posts bail, acting as the surety. She pledges a sum of money to ensure her son will appear for all his scheduled court dates. The son diligently attends every hearing, including his trial, and is ultimately acquitted. Once the legal proceedings conclude and the court confirms the son's full compliance, an exoneretur would be entered on the bail document. This entry formally releases the mother from her financial obligation, and her pledged money would be returned, as the condition of her guarantee (her son's appearance) was met.

• Example 2: Bail Bond Company

  Consider a defendant who uses a professional bail bond company to secure their release from custody. The bail bond company acts as the surety, guaranteeing the defendant's court appearances in exchange for a fee. The defendant successfully attends all required court sessions, from arraignment through sentencing. After the final court appearance, the court would issue an exoneretur. This legal notation confirms that the bail bond company has fulfilled its obligation and is no longer responsible for ensuring the defendant's presence, thereby closing out the bail bond agreement.

• Example 3: Case Dismissal

  Suppose a friend acts as a surety for a defendant, putting up a portion of their property as collateral for bail. Before the case even goes to trial, new evidence emerges that leads the prosecution to drop all charges against the defendant. Since there are no further court appearances required from the defendant, the condition of the bail has been effectively fulfilled. An exoneretur would be entered by the court, formally discharging the friend from their obligation as surety and releasing their property from the bail agreement.