1. A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specif., an in-court acknowledgment of an obligation in a penal sum, conditioned on the performance or nonperformance of a particular act. • Most commonly, a recognizance takes the form of a bail bond that guarantees an unjailed criminal defendant’s return for a court date (the defendant was released on his own recognizance). See RELEASE ON RECOGNIZANCE. [Cases: Bail 54, 63; Recognizances
1. C.J.S. Bail; Release and Detention Pending Proceedings§§ 93, 106–107, 109; Recognizances§§ 2–4, 8.]
“Recognizances are aptly described as ‘contracts made with the Crown in its judicial capacity.’ A recognizance is a writing acknowledged by the party to it before a judge or officer having authority for the purpose, and enrolled in a court of record. It usually takes the form of a promise, with penalties for the breach of it, to keep the peace, to be of good behavior, or to appear at the assizes.” William R. Anson, Principles of the Law of Contract 80–81 (Arthur L. Corbin ed., 3d Am. ed. 1919).
“A recognizance is an acknowledgment of an obligation in court by the recognizor binding him to make a certain payment subject to the condition that on the performance of a specified act the obligation shall be discharged.” 1 Samuel Williston, A Treatise on the Law of Contracts§ 6, at 18 (Walter H.E. Jaeger ed., 3d ed. 1957).
personal recognizance. The release of a defendant in a criminal case in which the court takes the defendant’s word that he or she will appear for a scheduled matter or when told to appear. • This type of release dispenses with the necessity of the person’s posting money or having a surety sign a bond with the court. [Cases: Bail 40. C.J.S. Bail; Release and Detention Pending Proceedings§ 8.]
2. See bail bond under BOND(2).
