Rule 65.1.Security: Proceedings Against Sureties
Part VIII. Provisional and Final Remedies and Special Procedures · Last verified September 4, 2026
Full Text of Rule 65.1
Plain-English Summary
Rule 65.1 is one paragraph, identical to its civil counterpart, and it exists to prevent a second lawsuit.
Wherever these rules require or permit security, and it is given as a bond, stipulation or other undertaking with one or more sureties, three things follow automatically:
- each surety submits himself to the jurisdiction of the court;
- each surety irrevocably appoints the clerk of the court as his agent for service of any papers affecting his liability on the bond;
- liability may be enforced on motion without the necessity of an independent action.
None of that requires the surety to agree to it separately. Posting the bond is what triggers it.
Service runs through the clerk. The motion, and such notice of it as the court prescribes, may be served on the clerk, who shall forthwith mail copies to the sureties if their addresses are known. Note the qualification: the clerk mails where addresses are known, and the rule does not make the mailing a condition of the surety's liability.
The rule is reached from Rule 65(c), which requires security for a restraining order, and from Rules 4.1 and 4.2, which require affidavits and may involve bonds in the attachment context.
Frequently Asked Questions
Do I have to sue a surety separately?
No. Rule 65.1 provides that a surety's liability may be enforced on motion without the necessity of an independent action.
How is a surety served?
Each surety 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. The motion and such notice as the court prescribes may be served on the clerk, who forthwith mails copies to the sureties if their addresses are known.
Does a surety agree to the court's jurisdiction?
By giving the security. Rule 65.1 provides that each surety submits himself to the jurisdiction of the court.
When does Rule 65.1 apply?
Whenever these rules require or permit the giving of security by a party and the security is given in the form of a bond, stipulation or other undertaking with one or more sureties. Rule 65(c) is the most common route to it.