Rule 65.1.Security: Proceedings against sureties

Ch. VIII: Provisional and Final Remedies and Special Proceedings · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 65.1 makes a surety who posts security submit to the court's jurisdiction and appoint the Clerk as agent, so liability is enforced on motion rather than by a separate lawsuit.

Full Text of Rule 65.1

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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 as agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served. The 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, who shall forthwith mail copies to the sureties if their addresses are known.

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Plain-English Summary

Whenever these rules require or permit a party to give security, and it is given as a bond, stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the Clerk as the agent on whom papers affecting the surety's liability may be served.

Liability is then enforced on motion, without the necessity of an independent action. The motion, with whatever notice the court prescribes, may be served on the Clerk, who mails copies to the sureties if their addresses are known.

Everything here is practical. A bond is worth what it can be collected on, and a party who must file a fresh lawsuit in another court to collect on one holds a bond worth considerably less than its face value. Signing as a surety is therefore an act with consequences in this court, whether or not the surety ever appears in it.

Frequently Asked Questions

How is a bond enforced in the Delaware Family Court?

On motion, without the necessity of an independent action. Each surety submits to the court's jurisdiction and appoints the Clerk as the agent to receive papers affecting liability on the bond.

Does the surety get notice?

The motion and such notice as the court prescribes may be served on the Clerk, who shall forthwith mail copies to the sureties if their addresses are known.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 65.1), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: surety bond enforcement Delawareproceedings against sureties DelawareFam. Ct. Civ. R. 65.1