Rule 85.17.Bonds Continue--When.
Part III · Rule 85: Attachments · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 85.17
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 85.40.
Plain-English Summary
A bond filed under Rule 85 — whether the claimant’s under Rule 85.08, the owner’s under Rule 85.09, or the nonowner’s under Rule 85.10 — is meant to secure obligations that may not be resolved until the case is truly over. Rule 85.17 makes sure the bond does not lapse before then. It keeps any bond in force through the trial court proceedings until the judgment there becomes final.
The rule then addresses what happens if the case does not end there. If an appeal follows, the bond does not expire when the trial court’s judgment becomes final in that court; instead, it stays in force until the civil action itself is finally determined, meaning through the conclusion of the appeal. This prevents a gap in coverage exactly when an appeal could still change the outcome and the bond’s conditions — like the claimant’s promise to refund money not justly due, or the owner’s promise to pay an adjudged amount — could still come into play.
Rule 85.16 confirms that appellate procedure in an attachment case runs the same as in any other civil action, and Rule 85.17 makes sure the financial security behind the attachment tracks that same timeline, instead of running out partway through. Rule 85.24 gives an injured party the right to sue on a bond that is breached, and this rule ensures that right is not cut short by an early expiration of the bond’s term.
Frequently Asked Questions
How long does an attachment bond stay in force if there is no appeal?
Until the judgment is final in the trial court.
What happens to the bond if the case is appealed?
It continues in force until the civil action is finally determined, meaning through the resolution of the appeal.
Does Rule 85.17 apply to every bond filed under Rule 85, or only the claimant’s bond?
The rule refers to ‘any bond in force in the attachment proceedings,’ so it applies broadly to bonds filed by the claimant, the owner, or the nonowner alike.
Why does it matter how long the bond stays in force?
Because the bond’s conditions — such as refunding money not justly due, or paying damages and costs — can still be triggered by events during an appeal, and Rule 85.24 allows a suit on the bond if it is breached.
Does this rule change the amount or conditions of the bond?
No, it only addresses the duration the bond remains in force; the amount and conditions come from Rules 85.08, 85.09, and 85.10.