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 himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any papers affecting his liability on the bond may be served. His 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
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 65.1 lets a court enforce a surety's liability on a bond by simple motion, because posting the bond puts the surety under the court's jurisdiction and makes the clerk the surety's agent for service.
Full Text of Rule 65.1
Reporter's Notes
Reporter’s Notes to Rule 65.1: 1. With the exception of the deletion of the references to admiralty and maritime claims, Rule 65.1 is otherwise identical to FRCP 65.1. This rule does not work any changes in Arkansas law as the substance of the rule has heretofore been in effect. Superseded Ark. Stat. Ann. § 27-2107.3 (Repl. 1962), which governed supersede as bonds was almost verbatim with this and FRCP 65.1.
2. With reference to bonds which were posted in order to obtain injunctive relief, superseded Ark. Stat. Ann. § 32-310 (Repl. 1962) provided essentially the same procedure for reducing a claim against a surety to judgment.
Plain-English Summary
Whenever these rules call for a party to post security -- a bond, stipulation, or other undertaking backed by a surety -- Rule 65.1 attaches automatically. The surety does not need to sign a separate consent to jurisdiction or appoint its own agent for service. By putting its name on the bond, the surety accepts the court's authority over any dispute about its liability and accepts the clerk of court as the person who can be handed papers on its behalf.
That trade-off matters because it spares the party who benefits from the bond -- often the party who was wrongly enjoined, or who prevailed after a supersedeas bond was posted -- from having to file and serve an entirely new lawsuit against the surety. Instead, that party can raise the surety's liability by motion in the same case where the bond was given. The court sets whatever notice of the motion it thinks appropriate, and the clerk forwards copies to the sureties at their known addresses.
The rule does not decide when a bond must be posted or how much it should be; other rules, such as those governing injunctions, handle that. Rule 65.1 only supplies the enforcement mechanism once a bond exists and a question arises about whether the surety has to pay.
Frequently Asked Questions
What does Rule 65.1 do?
It gives courts a shortcut for collecting on a bond. Rather than suing the surety in a fresh lawsuit, the party entitled to payment can file a motion in the existing case, and the court can enter judgment against the surety without a new complaint, summons, or independent proceeding.
Which bonds does this rule cover?
Any bond, stipulation, or undertaking with a surety that these rules require or allow -- for example, a bond posted to obtain a preliminary injunction or a supersedeas bond posted to stay enforcement of a judgment pending appeal.
Does the surety get notice before being held liable?
Yes. The court sets the notice it wants given, and the motion can be served on the clerk, who then mails copies to the sureties at whatever addresses are on file. A surety is not held liable without an opportunity to respond.
Why does the rule appoint the clerk as the surety's agent?
It removes any argument that the surety cannot be reached or served. Because the surety submitted to the court's jurisdiction by posting the bond, service on the clerk stands in for service on the surety directly, which keeps the enforcement process quick and reliable.
Do I file a new lawsuit to collect from a surety on a bond?
No. Rule 65.1 exists precisely so that an independent action is unnecessary. A motion in the case where the bond was posted is enough to reduce the surety's liability to a judgment.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: surety bond enforcementbond liability by motioninjunction bond suretyproceedings against suretiesclerk as agent for suretysupersedeas bond surety liability