Form 9-304, Bail Bond, is a New Mexico Judicial Branch form approved by the Supreme Court. It is the written bail bond on which the defendant and one or more sureties promise that the defendant will appear as the court requires. It is for use with District Court Rule 5-401 NMRA, Magistrate Court Rule 6-401 NMRA, Metropolitan Court Rule 7-401 NMRA and Municipal Court Rule 8-401 NMRA. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the New Mexico courts at nmcourts.gov.
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What is 9-304?
Form 9-304, Bail Bond, is the New Mexico form on which the undersigned jointly and severally acknowledge that they are bound to pay a stated sum to the State of New Mexico or a city if the defendant fails to appear as required.
The bond is conditioned on the defendant appearing in accordance with all orders and directions about the defendant's appearance in the case, including in any other district or appellate court to which the defendant may be removed or the case transferred, and including a bind-over or later indictment in the District Court for offenses arising out of the same transaction or event. If the defendant appears as ordered, the bond is void. If not, payment of the bond amount is due forthwith.
The form also sets out what follows a breach. Any court with cognizance of the matter may declare the bond forfeited. If the forfeiture is not set aside, judgment may be entered on motion against each debtor jointly and severally for the stated amount, with interest and costs. By signing, the sureties submit to the court's jurisdiction and irrevocably appoint the clerk of the court as their agent for service of papers affecting their liability.
The bond is a continuing bond: it stays in force until the defendant is found guilty or not guilty. The form has a second part, the Justification of Sureties, which is not completed when the surety is a corporate surety licensed to do business in New Mexico. A Use Note at the end covers married sureties.
Who needs to file 9-304?
The people who sign Form 9-304 are the defendant and the sureties. The form has one signature line for the defendant and two for sureties, each with an address.
- Defendant: signs the bond and gives an address.
- Sureties: each surety signs and gives an address, and by signing becomes bound jointly and severally with the others.
- Individual sureties: complete the Justification of Sureties, swearing that each owns real or personal property in New Mexico with an unpledged and unencumbered net value above the stated sum. The signatures are acknowledged before a notary public.
- Married sureties: under the Use Note, both spouses must sign the bond unless it is shown to the court that the property is not community property (Section 40-3-4 NMSA 1978).
- Corporate sureties: do not complete the Justification of Sureties if the surety is a corporate surety licensed to do business in New Mexico.
The form is for use with the bail rules of the district, magistrate, metropolitan and municipal courts: Rules 5-401, 6-401, 7-401 and 8-401 NMRA. A judge or authorized person approves the bond at the end of the form.
When to file 9-304
The form prints no filing deadline. It is completed when a bond is to be given in a pending case, and it carries the date on which it is signed (the line "This bond is signed on this ___ day of ___"). Once signed and approved, it is a continuing bond: it stays in full force until the defendant is found guilty or not guilty. It is not tied to a single hearing, and it also covers appearances in any other district or appellate court to which the defendant may be removed or the case transferred. For timing questions about when a bond must be posted in a particular case, ask the court that is handling it.
How to fill out 9-304
Enter the court and case caption
At the top, enter the court name, the county or city, and the case number. Complete the caption with the defendant's name above the word Defendant, choosing the State of New Mexico, county or city wording that fits the court.
State the bond amount
In the first paragraph, choose State of New Mexico or City of (and write the city name), then write the sum in words and in figures.
Read the conditions
The conditions, forfeiture terms and continuing-bond language are printed and are not filled in. Everyone who signs should read them first, because the sureties become jointly and severally liable.
Date and place the bond
Complete "This bond is signed on this ___ day of ___, ___, at ___" with the day, month, year and the place of signing.
Add defendant and surety signatures
Have the defendant and each surety sign and write an address beside each signature. If a surety is married, both spouses must sign unless it is shown to the court that the property is not community property.
Complete the Justification of Sureties
Skip this section if the surety is a corporate surety licensed in New Mexico. Otherwise write each surety's name and place, mark whether the property is real or personal, enter the net value sum, and use the lines below for any further statement.
Sign the justification
Each surety signs on the two Signature of surety lines under the justification.
Complete the notary block
The notary enters the day, month, year, the county or city, and the names of the sureties who appeared, then signs on the Notary public line.
Leave the approval line for the court
The Approved line for the Judge or authorized person is completed by the court, not by the signers.
Review and download the completed PDF
Check the caption, amount, dates and every bracketed choice, then download or print the completed PDF from FillingPDF. Collect the signatures and notarization as the form requires and deliver it as the court directs.
How to submit 9-304
Form 9-304 names no filing channel, address or portal; it is made out for the court and case printed at the top and ends with an approval line for a judge or authorized person.
- Court and case: enter the court name, county or city and case number so the bond is tied to the correct matter.
- Signatures: the defendant and the sureties sign, and the notary completes the acknowledgment when the Justification of Sureties is used.
- Approval: the bond is approved by the judge or authorized person on the last line.
- Service on sureties: the sureties appoint the clerk of the court as their agent for service of papers affecting their liability.
Ask the clerk of the court handling the case how and where the signed bond is to be delivered. The New Mexico courts publish the form in their forms library at https://nmcourts.gov/forms-library/. FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Having only one spouse sign when the surety is married; the Use Note requires both spouses to sign unless it is shown to the court that the property is not community property.
- Completing the Justification of Sureties when the surety is a corporate surety licensed to do business in New Mexico; the form says it is not to be completed in that case.
- Leaving the bracketed choices unresolved, such as State of New Mexico or City of, or real or personal property in the justification.
- Signing the Justification of Sureties without a notary, although the acknowledgment states the sureties personally appeared and executed it on oath.
- Listing property that is pledged or encumbered; the justification speaks only of unpledged and unencumbered net value above the bond sum.
- Leaving out the court name, county or city, or case number at the top, so the bond is not tied to the matter.
- Omitting the defendant's signature or an address next to a signature line.
- Treating the bond as ending at a fixed date; the form states it continues until the defendant is found guilty or not guilty.
Frequently asked questions
What is Form 9-304, Bail Bond, in New Mexico?
It is the Supreme Court approved New Mexico form on which a defendant and sureties bind themselves to pay a stated sum if the defendant fails to appear as the court requires. It is a bail bond for use in district, magistrate, metropolitan and municipal courts.
Which courts use this bail bond form?
The form is printed for use with District Court Rule 5-401 NMRA, Magistrate Court Rule 6-401 NMRA, Metropolitan Court Rule 7-401 NMRA and Municipal Court Rule 8-401 NMRA. Enter the specific court's name and the case number at the top.
Who has to sign a bail bond on Form 9-304?
The defendant and the sureties sign, each with an address. When individual sureties use the Justification of Sureties, they sign it again and a notary acknowledges it. The judge or authorized person approves the bond on the last line.
Do both spouses have to sign if a surety is married?
Yes, unless it is demonstrated to the court that the property is not community property. The Use Note on the form gives this rule and cites Section 40-3-4 NMSA 1978.
Does a corporate surety fill out the Justification of Sureties?
No. The form says the Justification of Sureties is not to be completed if the surety is a corporate surety licensed to do business in the State of New Mexico. Individual sureties complete it.
How long does a bail bond on this form stay in effect?
It is a continuing bond and stays in full force until the defendant is found guilty or not guilty. It guarantees the defendant's appearance, including in another district or appellate court to which the case may be transferred.
What happens if the defendant does not appear?
Payment of the bond amount becomes due forthwith. A court with cognizance of the matter may declare the bond forfeited, and if the forfeiture is not set aside, judgment may be entered against each debtor jointly and severally, with interest and costs.
Can I fill out this bail bond form online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not affiliated with the New Mexico courts, and does not file or deliver the bond; you deliver it as the court directs.
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