Title 27, Title 27

The officer making the arrest shall keep the defendant in custody until the defendant is discharged by order of the justice. The officer may not be bound to keep the defendant under arrest more than 24 hours unless the plaintiff pays each day the expenses of keeping the defendant…

The defendant may file an answer, under oath, putting in issue the facts stated in the affidavit for the order of arrest, which may be tried by the court unless a jury is demanded; and the plaintiff must be held to establish the facts. If the plaintiff fails to establish the fact…

No person may be arrested before judgment in a civil action except as prescribed by this chapter.

The defendant may be arrested in the following cases: (1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud the defendant's creditors; (2) i…

An order for the arrest of the defendant must be obtained from the judge of the court in which the action is brought.

The order may be made at the time of issuing the summons or at any time afterwards before judgment.

The order must be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists and that the case is one of those mentioned in 27-16-102.

Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with at least two sufficient sureties, to the effect that, if the defendant recovers judgment or if the court finally decides that the plaintiff was not entitled to an order of ar…

Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the state and worth double the sum specified in the undertaking, over and above all the surety's debts and liabilities, exclusive of property exempt…

The order must require the sheriff of the county where the defendant may be found to arrest the defendant and hold the defendant to bail in a specified sum and to return the order at a time specified in the order to the clerk of the court in which the action is pending.

The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the sheriff who, upon arresting the defendant, shall deliver the defendant a copy of the affidavit and also, if the defendant desires, a copy of the order of arrest.

The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law. However, the sheriff is not bound to keep the defendant under arrest more than 24 hours unless the plaintiff advances each day the expense of keeping the d…

If after being arrested the defendant escapes or is rescued, the sheriff is liable as bail, but the sheriff may be discharged from liability by the giving justification of bail at any time before judgment.

If a judgment is recovered against the sheriff upon the sheriff's liability as bail and an execution is returned unsatisfied in whole or in part, the same proceeding may be had on the sheriff's official bond for the recovery of the whole or any deficiency as in other cases of del…

A defendant arrested may, at any time before justification of bail, apply to the judge who made the order or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be mad…

If, upon such application, it satisfactorily appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it satisfactorily appears that the bail was fixed too high, the amount shall be reduced.

The defendant, at any time before execution, is discharged from arrest either upon giving bail or upon depositing the amount mentioned in the order, as provided in this chapter.

The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant must at all time…

The qualifications of bail must be as follows: (1) Each of them must be a resident and householder or freeholder within the county. (2) Each must be worth the amount specified in the order of arrest or the amount to which the order is reduced, as provided in this chapter, over an…

(1) Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the return endorsed on the order, together with a copy of the undertaking of the bail. The sheriff shall retain th…

Within 5 days after receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff's attorney notice of the justification of the same or other bail, specifying the place of residence and occupation of the attorney, before a judge of the court or clerk of t…

For the purpose of justification, each of the bail shall attend before the judge or clerk at the time and place specified in the notice and may be examined on oath, on the part of the plaintiff, touching the bail's sufficiency, in a manner that the judge or clerk, in the judge's …

If the judge or clerk finds the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the allowance on the examination, and cause them to be filed, and the sheriff is then exonerated from liability.

At any time before judgment or within 10 days after the judgment, the bail may surrender the defendant in their exoneration or the defendant may surrender to the sheriff of the county where the defendant was arrested.

For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may arrest the defendant or, by a written authority endorsed on a certified copy of the undertaking, may empower the sheriff to arrest the defendant.

Upon arrest of the defendant by the sheriff or upon the defendant's delivery to the sheriff by the bail or upon the defendant's own surrender, the bail must be exonerated if the arrest, delivery, or surrender take place before the expiration of 10 days after judgment. However, if…

If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, an action may be commenced against such bail for the amount of such original judgment.

The bail must also be exonerated by the death of the defendant, the defendant's imprisonment in the state prison, or the defendant's legal discharge from the obligation to render the defendant amenable to the process.

The defendant may, at the time of arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. If the amount of bail is reduced, as provided in this chapter, the defendant may deposit the amount instead of giving bail. In either case, the sheriff sh…

The sheriff shall, immediately after the deposit, pay the amount into court and take from the clerk receiving the amount two certificates of payment, one of which the sheriff shall deliver or transmit to the plaintiff or the plaintiff's attorney and the other to the defendant. Fo…

If money be deposited, as provided in 27-16-601 and 27-16-602, bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited shall be refunded by such clerk to the defendant.

If money has been deposited and it remains on deposit at the time of recovery of a judgment in favor of the plaintiff, the clerk shall, under direction of the court, apply the money in satisfaction of the judgment and, after satisfying the judgment, refund the surplus, if any, to…

(1) A public safety officer as defined in 44-4-401(2) who is in possession of an immigration detainer request issued by a federal immigration agency shall arrest a person who is already in custody and the subject of an immigration detainer request; (2) As used in this section, th…