(a) Form of bond and justification of sureties. If a bond or undertaking is required to be given by statute or these rules, the general form and the justification of the sureties must be in accordance with chapter 6 of title 12, Idaho Code.
Rule 66.Sureties on bond
Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 66 sets the ground rules for bonds and sureties used under the civil rules, including their required form, a ban on attorneys serving as surety in their own cases, and how a surety can be held liable.
Full Text of Rule 66
(b) Attorney not acceptable as surety. No attorney will be accepted as surety on any bond or undertaking furnished in any action or proceeding in which the attorney appears as an attorney of record, or is a member or associate of a firm or corporation that appears as the attorneys of record.
(c) Proceedings against a surety. Whenever these rules require or allow a party to give security, and security is given through a bond or other undertaking with one or more sureties, each surety submits to the court's jurisdiction and irrevocably appoints the court clerk as its agent for receiving service of any papers that affect its liability on the bond or undertaking. The surety's liability may be enforced on motion without an independent action. The motion and any notice that the court orders may be served on the court clerk, who must promptly mail a copy of each to every surety whose address is known.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Whenever these rules or a statute call for a party to post a bond, Rule 66 fills in the mechanics. The bond and the justification showing the surety is financially good for it must follow the form set out in the Idaho Code provisions governing bonds. The rule also closes off an obvious conflict of interest: an attorney cannot serve as surety on a bond in a case where that attorney, or their firm, represents a party, since the surety is supposed to be an independent guarantee, not another promise from the same side.
Rule 66 also streamlines how a surety gets held to its promise. By posting the bond, a surety submits to the court's authority and appoints the court clerk to accept papers on its behalf. That means a party does not need to file a whole new lawsuit against the surety to collect; a motion in the existing case is enough, and the clerk handles mailing notice of the motion to the surety.
Frequently Asked Questions
What form must a bond take under Idaho civil procedure?
Rule 66(a) requires the bond and the sureties' justification to follow the general form set out in chapter 6 of title 12 of the Idaho Code.
Can my attorney act as the surety on my bond?
No. Rule 66(b) bars an attorney from serving as surety on a bond in any case where that attorney, or a member of their firm, is counsel of record.
How does a party enforce a surety's liability on a bond?
Rule 66(c) allows enforcement by motion in the existing case rather than requiring a separate lawsuit against the surety.
Does a surety have to be served personally to be held liable?
No. By giving the bond, the surety appoints the court clerk as its agent for service, and the clerk mails a copy of the motion and any required notice to the surety.
Does Rule 66 create the requirement to post a bond?
No. Other rules, like Rule 65 for injunctions, or Idaho statutes create the bond requirement; Rule 66 governs the form of the bond and how a surety is held to it.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: surety bond rulesattorney as suretybond requirements idaho civil caseundertaking form