Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety’s agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.
Rule 65.1.Security: Proceedings against sureties.
Last verified July 6, 2026
In one sentenceRule 65.1 gives courts a fast, streamlined way to collect from a surety who backed a bond or other security in a case, letting the surety's liability be enforced by simple motion rather than forcing the party seeking payment to file an entirely separate lawsuit, because posting the bond automatically puts the surety under the court's authority and makes the clerk the surety's agent for receiving legal papers.
Full Text of Rule 65.1
(dc) District court rule. Rule 65.1 applies in the district courts.
Amendment History
[Amended 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
This rule affords a remedy against a surety as an adjunct of the action in which the surety has provided the security. No independent action is required. The clerk becomes agent for service of those persons furnishing security.
Such undertakings have occurred as a condition for an order staying proceedings, granting injunctive relief, and incidental to attachments and garnishments.
An early Alabama statute, passed in 1826, provided a remedy against obligors through execution by the register upon a decree of dissolution without further hearing or order. However, this statute (Tit. 7, § 1049, Code of Ala.) is limited to cases in which judgments at law have been enjoined. Dunn v. Bank of Mobile, 2 Ala. 152 (1841). Otherwise, a separate action was contemplated. See, e.g., U.S.F. & G. v. International Bhd., 41 Ala.App. 114, 125 So.2d 526 (1961), cert. denied 271 Ala. 701, 125 So.2d 530 (1961).
Committee Comments to October 1, 1995, Amendment to Rule 65.1
The amendment is technical. No substantive change is intended.
Plain-English Summary
Whenever another rule requires or allows a party to post security, and that security takes the form of a bond, stipulation, or other undertaking backed by one or more sureties, Rule 65.1 attaches automatic consequences to that act. By providing the security, each surety submits to the jurisdiction of the court and irrevocably names the clerk of the court as the agent authorized to accept service of any papers concerning the surety's liability on the bond.
The practical benefit is speed. If the surety's liability needs to be enforced, the party seeking recovery does not need to file a new, independent lawsuit against the surety. Instead, that liability can be enforced through a motion filed in the same action. The motion, along with whatever notice the court requires, can be served on the clerk, who then forwards copies to the sureties at their known addresses.
This rule works hand in hand with any other rule that calls for security, including the bond requirements tied to restraining orders and injunctions. It exists to make the security meaningful: a party who benefits from a bond should not have to absorb the cost and delay of a fresh lawsuit just to collect on it when the underlying condition triggering liability occurs.
Frequently Asked Questions
What does Rule 65.1 let a party do?
It lets a party enforce a surety's liability on a bond or other undertaking by simple motion in the existing case, instead of filing a separate lawsuit against the surety.
How does a surety become subject to the court's jurisdiction under Rule 65.1?
By providing the bond, stipulation, or undertaking, the surety automatically submits to the court's jurisdiction and appoints the clerk of the court as its agent for service of papers relating to that liability.
How is a motion against a surety served under Rule 65.1?
The motion and any required notice may be served on the clerk of the court, who then mails copies to the sureties at their known addresses.
Does Rule 65.1 apply only to injunction bonds?
No, it applies whenever any rule requires or permits a party to give security through a bond or undertaking with sureties, not just security tied to injunctions.
Does Rule 65.1 apply in Alabama district courts?
Yes, Rule 65.1 applies in the district courts.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 65.1). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: surety liability motionenforcing a bond Alabamainjunction bond suretyproceedings against suretiesAla. R. Civ. P. 65.1