State v. McGurk, 163 N.H. 584

Surety Free Bail Bonds issued two appearance bonds for McGurk in Aug-Sep 2010 ($5,000 and $6,000).
Bond guaranteed McGurk's appearance on Nov 8, 2010.
McGurk was arrested in Vermont and detained there for separate offenses; Vermont incarceration delayed his NH appearance.
Surety moved to revoke bail; trial court delayed ruling due to defendant's ongoing incarceration.
Court forfeited the bonds for failure to appear over the surety's objection.
Surety sought vacatur and motions to reconsider; court denied; issues focus on RSA 597:30 and evidentiary hearing denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether RSA 597:30 permits discharge of a surety for nonappearance when defendant is imprisoned outside NH.	McGurk's surety argues statute excuses when government action prevents surrender.	State contends statute lists exclusive defenses; cannot excuse for another state's incarceration.	No; statute limited to enumerated circumstances.
Whether RSA 597:30 applies to district courts as well as the superior court.	Surety asserts applicability to district court.	State accepts district court applicability but on textual grounds.	District courts may discharge under RSA 597:30.
Whether the trial court's failure to hold an evidentiary hearing was an abuse of discretion.	Hearing could reveal prejudice or additional facts.	Incarceration outcome remains outside RSA 597:30; hearing unnecessary.	No abuse; no prejudice shown given statutory limits.

State v. Moccia, 120 N.H. 298 (NH 1980) (establishes bond forfeiture framework and surety obligation)
Lamphire v. State, 73 N.H. 463 (NH 1906) (interprets RSA 597:30-like provisions and act-of-government defenses)
Taylor v. Taintor, 16 Wall. 366 (U.S. 1872) (prohibition on relief for sureties when defendant imprisoned in another state)
State v. McDonald, 163 N.H. 115 (NH 2011) (statutory construction guiding defenses for sureties)
State v. Korean Methodist Church of N.H., 157 N.H. 254 (NH 2008) (standard for denying evidentiary hearing)