Division 11. Law and Motion · Chapter 3. Provisional and Injunctive Relief · Article 1. General Provisions · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1130 sets the conditions a corporate surety must meet before a court will accept it on a bond or undertaking, bars court officers and State Bar members from acting as sureties, and explains when an original bond may be withdrawn from the case file.
(a)Prerequisites to acceptance of corporate sureties A corporation must not be accepted or approved as surety on a bond or undertaking unless the following conditions are met:
(1)The Insurance Commissioner has certified the corporation as being admitted to do business in the state as a surety insurer;
(2)There is filed in the office of the clerk a copy, duly certified by the proper authority, of the transcript or record of appointment entitling or authorizing the person or persons purporting to execute the bond or undertaking for and in behalf of the corporation to act in the premises; and
(3)The bond or undertaking has been executed under penalty of perjury as provided in Code of Civil Procedure section 995.630, or the fact of execution of the bond or undertaking by the officer or agent of the corporation purporting to become surety has been duly acknowledged before an officer of this state authorized to take and certify acknowledgements. (Subd (a) amended effective January 1, 2007.)
(b)Certain persons not eligible to act as sureties An officer of the court or member of the State Bar may not act as a surety. (Subd (b) amended effective January 1, 2007.)
(c)Withdrawal of bonds and undertakings An original bond or undertaking may be withdrawn from the files and delivered to the party by whom it was filed on order of the court only if all parties interested in the obligation so stipulate, or upon a showing that the purpose for which it was filed has been abandoned without any liability having been incurred.
Plain-English Summary
Bonds and undertakings show up throughout civil litigation — securing a preliminary injunction, backing an attachment, guaranteeing an appeal — and Rule 3.1130 sets the baseline rules for who can stand behind one. A corporation cannot act as a surety unless the Insurance Commissioner has certified it to do business in California as a surety insurer, a certified record of the signer’s authority to bind the corporation is on file with the clerk, and the bond itself is either executed under penalty of perjury as Code of Civil Procedure section 995.630 allows or has the surety’s signature acknowledged before an authorized officer.
The rule also blocks a conflict of interest: an officer of the court or a member of the State Bar cannot serve as a surety. And it addresses what happens once a bond has done its job — an original bond or undertaking can come out of the court file and go back to the party who filed it, but only by court order, and only if every interested party agrees or the purpose behind the bond has been dropped without anyone incurring liability under it.
Frequently Asked Questions
Can a lawyer act as a surety on a bond in their own case?
No. Rule 3.1130(b) bars any officer of the court or member of the State Bar from acting as a surety on a bond or undertaking.
What does a corporate surety need on file before a court will accept its bond?
Rule 3.1130(a) requires Insurance Commissioner certification to do business in California as a surety insurer, a certified copy of the record authorizing the signer to bind the corporation filed with the clerk, and execution of the bond under penalty of perjury under Code of Civil Procedure section 995.630 or an acknowledged signature.
Can I get my bond back once the case is over?
Only by court order. Rule 3.1130(c) allows withdrawal of an original bond or undertaking if every interested party stipulates to it, or if the purpose for filing it has been abandoned without any liability having been incurred.
Amendment History
Rule 3.1130 amended and renumbered effective January 1, 2007; adopted as rule 381 effective January 1, 1984.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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