Whenever a bond is or may be required by these rules in order to take any proceeding, to indemnify any party, or to stay proceedings under or the enforcement of a judgment, such requirement shall not apply to the United States, the commonwealth or any of its municipal corporations or political subdivisions, or any of their agencies or officers acting for or on their behalf. Unless otherwise exempted by law such governmental unit shall be obligated to the same extent as if it had given the bond required.
Rule 81A.Exemption of governmental units from giving bond.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 81A exempts the United States, the commonwealth, and their municipal corporations, political subdivisions, agencies, and officers from having to post bond otherwise required by the rules, while still holding them to the same underlying obligations a bond would secure.
Full Text of Rule 81A
Amendment History
(Adopted effective April 1, 1963.)
Plain-English Summary
Several rules require a party to post a bond before taking certain steps: to pursue a proceeding, to protect another party's interests, or to stay a judgment while it is challenged. Rule 81A excuses government parties from that bond requirement. It covers the United States, the commonwealth of Kentucky, its municipal corporations and political subdivisions, and any agency or officer acting on their behalf.
The exemption does not erase the underlying obligation. A governmental unit that skips the bond is still bound to the same extent it would have been had it posted one. If a private litigant would forfeit a bond for failing to prosecute an appeal or for wrongfully obtained relief, the government party remains liable on equivalent terms, even without putting up security in advance.
Other statutes can override this exemption. The rule applies unless a separate law says a particular governmental unit still has to give bond.
Frequently Asked Questions
Does the Commonwealth of Kentucky have to post bond to appeal or stay a judgment?
No. Rule 81A exempts the United States, the commonwealth, and its municipal corporations, political subdivisions, agencies, and officers from bond requirements otherwise imposed by the rules.
If a government agency does not post bond, can it still be held liable the way a bonded party would be?
Yes. Rule 81A says an exempt governmental unit is obligated to the same extent as if it had given the required bond, so the exemption removes the deposit requirement without removing the underlying liability.
Is the bond exemption for government parties absolute?
No. The rule applies unless the governmental unit is otherwise obligated by law to give bond, so a separate statute can require bond in a specific case.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 81A). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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