Rule 65.1.Security: Proceedings Against Sureties.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 65.1 makes a surety submit to the court jurisdiction and appoint the clerk as its agent, and bars court personnel from acting as sureties.

Full Text of Rule 65.1

Text sizeJump to: (a) (b)

(a) (a) Security and sureties. 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 of the court as the surety’s agent upon whom any documents 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 shall be conventionally served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known. For purposes of this Rule, the motion and notice of motion shall not be served electronically.

(b) (b) Who may not be surety. No attorney or other officer or employee of the court shall become surety on any bond or undertaking in any action or proceeding in this court, unless authorized by the court.

End

Amendment History

(Amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

Where these rules require or permit 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. Signing the bond is the consent.

Each surety also irrevocably appoints the clerk of the court as its agent for service of any document affecting its liability on the bond. A party enforcing the bond does not have to chase the surety across jurisdictions; service on the clerk reaches it.

The second subdivision closes an obvious conflict of interest. No attorney, or other officer or employee of the court, may become a surety on any bond or undertaking in an action or proceeding in the court, unless the court authorizes it.

Frequently Asked Questions

What happens when someone acts as surety in Hawaii family court?

The surety submits to the jurisdiction of the court and irrevocably appoints the clerk as its agent for service of documents affecting its liability on the bond.

How is a surety served?

Through the clerk of the court, whom the surety has appointed as its agent for that purpose.

Can my attorney post my bond?

No. No attorney or other officer or employee of the court may become surety on a bond or undertaking in a proceeding in that court, unless authorized by the court.

When is security required?

Where these rules require or permit it. Rule 65(c) lets the court require security on granting a restraining order or at any time afterwards.

Does the State have to give security?

No. Rule 65(c) exempts the State or a county, and their officers and agencies.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 65.1). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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