A judgment against principal and surety shall recite the order of their liability upon it. A "surety" includes all persons whose liability on the claim is secondary to that of another.
Rule 1.956.Principal and surety; order of liability
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.956 requires a judgment against a principal and a surety to spell out the order of their liability, and defines a surety broadly as anyone whose liability on the claim is secondary to another's.
Full Text of Rule 1.956
Plain-English Summary
When a judgment runs against both a principal and a surety, Rule 1.956 requires the judgment to recite the order of their liability — which of them is primarily responsible and which is only secondarily on the hook. That clarity matters most after the judgment is paid: it helps establish the surety's right to seek reimbursement from the principal.
The rule defines “surety” broadly. It includes all persons whose liability on the claim is secondary to that of another, not just parties formally labeled as sureties on a bond. That reach connects to Rule 1.982, which allows a surety who has paid a principal's debt to recover from that principal by motion rather than a new lawsuit.
Frequently Asked Questions
What does “order of liability” mean in a judgment against a principal and surety?
It means the judgment states which party is primarily responsible for the debt and which is only secondarily, or derivatively, liable.
Who counts as a “surety” under this rule?
Rule 1.956 defines the term broadly to include all persons whose liability on the claim is secondary to that of another, not only a formal bond surety.
Why does this matter to a surety who ends up paying the judgment?
It helps establish the surety's right to seek reimbursement from the principal, which Rule 1.982 lets a surety pursue by motion rather than a separate suit.
Does Rule 1.956 create the surety relationship itself?
No. It only requires the judgment to recite the order of liability that already exists between the principal and the surety.
Does this rule apply only to formal bond sureties?
No. Because “surety” is defined to include anyone secondarily liable on the claim, the rule reaches beyond formal bonds.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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