When these rules (including Rule 65 and any other relating to security) require or allow a party to give security, and security is given through a bond or other undertaking with one or more sureties, each surety submits to the court’s jurisdiction and irrevocably appoints the clerk as its agent for receiving service of any papers that affect its liability on the bond or undertaking. The surety’s liability may be enforced on motion without an independent action. The motion and any notice that the court orders may be served on the clerk, who must promptly mail or otherwise distribute a copy of each to every surety whose address is known.
Rule 65.1.Proceedings against surety.
Last verified July 1, 2026
In one sentenceRule 65.1 lets a court enforce a surety's liability on a bond by motion alone, without requiring a separate lawsuit against the surety.
Full Text of Rule 65.1
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
When these rules require or allow a party to post security through a bond, the surety backing that bond automatically submits to the court's jurisdiction and appoints the clerk to accept service of any paper affecting its liability. That arrangement means a party doesn't need to file an entirely separate lawsuit to hold a surety to its bond; the surety's liability can be enforced through a simple motion in the existing case.
To make this work in practice, the rule lets the court order that the motion and any related notice be served on the clerk, who then promptly forwards a copy to every surety whose address is known. This streamlines what would otherwise be a cumbersome, duplicative process any time a bond posted under Rule 65 or a similar rule needs to be enforced.
Frequently Asked Questions
Do I need to file a new lawsuit to enforce a bond against a surety?
No. A surety's liability on a bond or undertaking can be enforced by motion in the existing action, without an independent lawsuit.
How does a surety get notified about a motion to enforce its liability?
The motion and any court-ordered notice can be served on the clerk, who then promptly forwards a copy to every surety whose address is known.
Does a surety have to agree in advance to this kind of enforcement?
Yes, in effect. By giving security through a bond under these rules, the surety submits to the court's jurisdiction and appoints the clerk to accept service of papers affecting its liability.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 65.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: surety proceedings rule