Whenever these rules or other laws require or permit the giving of security by a party to a court action or proceeding, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. His 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 of the court, who shall forthwith mail copies to the sureties if their addresses are known. This rule applies to bonds or security furnished on appeal, and enforcement shall be in the court to which the case is returned after appeal.
Rule 65.1.Security: Proceedings against sureties
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 65.1 lets a court enforce a surety's liability on a bond or undertaking by motion, without a separate lawsuit, because posting the bond automatically submits the surety to the court's jurisdiction and makes the clerk the surety's agent for service.
Full Text of Rule 65.1
Amendment History
This rule’s current text took effect July 1, 2023. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 65.1 deals with one narrow but useful problem: what happens after someone has backed a party's bond with their own liability, and that party's side of the case does not go as planned. Whenever a trial rule or another law lets or requires a party to post security — a bond, a stipulation, or another kind of undertaking with one or more sureties standing behind it — the surety does not stay outside the case. By putting a name on the bond, the surety agrees to the court's authority over that liability and appoints the clerk of the court as the person authorized to accept papers about it on the surety's behalf.
The practical payoff is that nobody has to sue the surety in a separate lawsuit. The party seeking to collect can raise the surety's liability by motion in the same case, and can serve that motion, along with whatever notice the court requires, on the clerk, who then mails copies to the sureties whose addresses are known. The rule reaches bonds or security furnished on appeal just as much as bonds posted in the trial court, and when an appeal bond is involved, enforcement happens in whichever court the case returns to once the appeal ends.
Frequently Asked Questions
Do I have to file a new lawsuit to collect from a surety on a bond?
No. Trial Rule 65.1 lets the party seeking to enforce the surety's liability do so by motion in the existing case, rather than filing an independent action against the surety.
How does a surety end up subject to an Indiana court's jurisdiction under this rule?
By posting the bond, stipulation, or undertaking. The rule provides that a surety who backs security required or permitted by the trial rules or other law automatically submits to the court's jurisdiction and appoints the clerk as agent for service of papers affecting the surety's liability.
How is a surety notified of a motion to enforce liability on a bond?
The motion, along with whatever notice the court prescribes, can be served on the clerk of the court. The clerk then mails copies to the sureties whose addresses are known.
Does Trial Rule 65.1 apply to bonds posted to secure an appeal?
Yes. The rule applies to bonds or security furnished on appeal, and once the case returns from appeal, enforcement of the surety's liability proceeds in that same court.
What kinds of bonds does Trial Rule 65.1 cover?
Any bond, stipulation, or other undertaking with a surety that a trial rule or other law requires or permits a party to give — for example, the security required for a temporary restraining order or preliminary injunction under Trial Rule 65(C), or a bond furnished in connection with an appeal.
What if a surety's address is not on file with the court?
The rule only obligates the clerk to mail copies of the motion to sureties whose addresses are known; it does not require the clerk to track down a surety whose address is missing.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 65.1). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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