(a) A surety on a bond given in an action or proceeding submits itself to the jurisdiction of the court in all matters affecting its liability on the bond.
§ 996.420.Surety Submits to Jurisdiction of Court
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 14. Liability of Principal and Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.420 provides that a surety on a bond given in an action or proceeding automatically submits to that court's jurisdiction over all matters affecting its liability on the bond, though this rule doesn't extend to a bond given by a public officer or a fiduciary.
Full Text of § 996.420
(b) This section does not apply to a bond of a public officer or fiduciary.
Plain-English Summary
By posting a bond in a pending action or proceeding, a surety accepts more than just financial exposure, it also accepts the jurisdiction of the court where the bond was given, for every matter that touches its liability on that bond. There's no need for separate service or a new lawsuit to establish personal jurisdiction over the surety; the act of giving the bond does that.
Subdivision (b) draws one boundary around that rule: it doesn't reach a bond given by a public officer or a fiduciary. Those bonds are enforced under their own separate frameworks rather than this chapter's jurisdictional shortcut.
Frequently Asked Questions
Does a surety need to be separately served to establish the court's jurisdiction over it?
No. Giving the bond in the action or proceeding itself submits the surety to the court's jurisdiction.
What matters does this jurisdiction cover?
All matters affecting the surety's liability on the bond.
Are all bonds covered by this jurisdictional rule?
No. Subdivision (b) excludes a bond of a public officer or fiduciary.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: surety jurisdiction california bonddoes surety submit to court jurisdiction