Arizona § 38-269 - Withdrawal of surety; effect on remaining sureties
Full text of Arizona Arizona Revised Statutes § 38-269 — Withdrawal of surety; effect on remaining sureties, with citation guidance and answers to common questions.
§ 38-269. Withdrawal of surety; effect on remaining sureties
A. Any surety on the official bond of any officer may be relieved from liabilities thereon afterwards accruing by complying with the following provisions:
1. The surety shall file with the person authorized by law to approve the official bond, a sworn statement in writing setting forth his desire to be relieved from liability thereon afterwards arising, and the reasons therefor.
2. Serve notice of the filing of the statement on the officer named in the official bond, and make return or affidavit of service thereon and file it with the approving officer.
B. Within ten days after the service of the notice, the person authorized to approve the bond shall make an order declaring such office vacant, and releasing the surety from all liability thereafter to arise on the official bond, and the office thereafter is in law vacant, and shall be immediately filled by election or appointment, as in other cases of vacancy, unless the officer has before that time given good and ample surety for the discharge of all his official duties as originally required.
C. The release, discharge, voluntary withdrawal or incompetency of the surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 38-269
What does Arizona Revised Statutes § 38-269 cover?
Section 38-269 ("Withdrawal of surety; effect on remaining sureties") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 38-269?
A common citation format is "Arizona Revised Statutes § 38-269" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 38-269 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.