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 Prothonotary as the surety’s agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s 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 Prothonotary, who shall forthwith mail copies to the sureties if their addresses are known.
Rule 65.1.Security: Proceedings against sureties
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 65.1 makes every surety who backs a bond, stipulation, or other undertaking required or allowed by these Rules submit to the Court's jurisdiction, appoints the Prothonotary as that surety's agent for service, and lets a party enforce the surety's liability by motion instead of a separate lawsuit.
Full Text of Rule 65.1
Amendment History
Added, effective Jan. 1, 1967; amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 65.1 applies whenever these Rules require or permit a party to give security in the form of a bond, stipulation, or other undertaking backed by one or more sureties. By giving that security, each surety submits to the Court's jurisdiction and irrevocably appoints the Prothonotary as the surety's agent for service of any papers affecting the surety's liability on the bond or undertaking.
That structure lets a party enforce a surety's liability on motion, without having to file a separate, independent action against the surety. The motion, along with whatever notice of the motion the Court prescribes, can be served on the Prothonotary, who then mails copies to the sureties if their addresses are known.
Frequently Asked Questions
Does a surety on a bond given under Delaware's Superior Court Rules have to be served personally to be held liable?
No. Rule 65.1 lets a party enforce the surety's liability on motion. The motion and any notice the Court prescribes can be served on the Prothonotary, who mails copies to the sureties if their addresses are known.
What happens when a surety signs a bond or stipulation under these Rules?
Rule 65.1 provides that the surety submits to the Court's jurisdiction and irrevocably appoints the Prothonotary as the surety's agent for service of papers affecting the surety's liability on the bond or undertaking.
Do I need to file a separate lawsuit against a surety to enforce the bond?
No. Rule 65.1 allows the surety's liability to be enforced on motion, without the need for an independent action.
What if the Prothonotary doesn't know a surety's address?
Rule 65.1 only requires the Prothonotary to mail copies of the motion to the sureties if their addresses are known.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: surety bond liability delawareprothonotary agent for service suretiesenforcing bond delaware civil rulerule 65.1 delaware superior court