If the court finds that a delivery or redelivery bond is not sufficient it may order a party to furnish a new bond. Upon failure to furnish a new bond within the time fixed by the court, the court shall order that the property be returned to the party from whose possession it had been taken.
Rule 99.11.Insufficient Bond--Procedure.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
In one sentenceRule 99.11 lets the court order a new bond if a delivery or redelivery bond is found insufficient, and requires that the property be returned to whoever previously held it if a new bond isn't furnished in time.
Full Text of Rule 99.11
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
The sources are prior Rules 99.08, 99.09 and 99.10.
Plain-English Summary
Bonds under Rules 99.06 and 99.07 are only as good as their sufficiency, and Rule 99.11 gives the court a way to fix a bond that falls short. If the court finds a delivery or redelivery bond insufficient — whether because of the amount, the surety, or some other defect — it can order the party who filed it to furnish a new one.
The rule backs that order with a real consequence. If the party doesn't furnish a satisfactory new bond within the time the court sets, the property goes back to whoever held it before it was taken. That default rule protects the party without an adequate bond behind their opponent's claim, restoring the status quo instead of leaving the property with a party whose security has failed.
This rule draws together several earlier prior rules, reflecting how central bond sufficiency is to the whole replevin scheme — the property changes hands only as long as an adequate bond stands behind that change.
Frequently Asked Questions
What happens if the court finds a bond insufficient?
The court may order the party who filed it to furnish a new, sufficient bond within a time the court sets.
What if the party doesn't furnish a new bond in time?
The court orders the property returned to the party from whose possession it had been taken.
Does this rule apply to both delivery and redelivery bonds?
Yes. It applies whether the insufficient bond was the plaintiff's delivery bond under Rule 99.06 or the defendant's redelivery bond under Rule 99.07.
Who decides whether a bond is insufficient?
The court, the same body that approves bonds in the first place under Rules 99.06 and 99.07.
Why does the rule require returning the property instead of just voiding the bond?
Because an insufficient bond leaves the other party unprotected; returning the property restores the situation that existed before the inadequate bond was relied on.
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
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