The plaintiff shall file a sufficient bond, approved by the court, executed by the plaintiff as principal and one or more sufficient sureties to the effect that they are bound to the defendant in double the value of the property for the prosecution of the action with effect and without delay, for the return of the property to the defendant, if return thereof be adjudged, and, in default of such delivery for the payment of all damages for injuries to the property thereafter, for the payment of all damages for the taking and detention thereof, and for all costs.
Rule 99.06.Delivery Bond--Form of--Effect of Filing.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.06 requires a plaintiff seeking prejudgment possession to file a court-approved bond, in double the property's value, guaranteeing prosecution of the case, return of the property or payment of its value, and payment of damages and costs.
Full Text of Rule 99.06
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The source is prior Rule 99.03. There is a change in that prior Rule 99.03 provided that there must be at least two sureties and that approval of the bond was by the sheriff while this rule requires only one surety and provides that the court must approve the bond.
Plain-English Summary
Taking property from a defendant before trial carries real risk for that defendant, so Rule 99.06 requires the plaintiff to post security first. The bond must run in double the value of the property and be backed by the plaintiff as principal along with at least one surety. It promises several things at once: that the plaintiff will prosecute the case without delay, that the property will be returned if the court orders it returned, and that if it isn’t returned, the plaintiff will pay its value, along with damages for injury to the property, damages for taking and holding it, and costs.
The court, not the sheriff, approves the bond under this rule. That is a change from earlier practice, which required at least two sureties and had the sheriff sign off on sufficiency. Rule 99.06 simplifies the surety requirement to one or more sufficient sureties while putting the approval decision in the hands of a judge.
This bond is the flip side of the order of delivery in Rule 99.04 — the order gets the sheriff moving, and the bond makes sure the defendant has recourse if the plaintiff's claim to the property turns out to be wrong.
Frequently Asked Questions
How much must the delivery bond be?
Double the value of the property, as determined in the process leading up to the bond's filing.
Who approves the delivery bond?
The court. This rule changed prior practice, which had the sheriff approve the bond's sufficiency.
How many sureties does the bond need?
One or more sufficient sureties, a reduction from the earlier requirement of at least two.
What does the bond guarantee?
That the plaintiff will prosecute the action without delay, return the property if ordered, or pay its value, plus damages for injury, taking, and detention, and costs.
What happens if the bond is later found insufficient?
Rule 99.11 allows the court to order a new bond, and if one isn't furnished in time, to order the property returned.
Who can serve as a surety on the bond?
Rule 99.10 sets the qualifications — a licensed corporate surety or a property owner the court finds sufficient.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: delivery bond replevin Missouriplaintiff bond for possessionprejudgment bond amountreplevin bond requirements