Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any papers affecting the liability on the bond or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the suretiess if their addresses are known.
Rule 65.1.Security: Proceedings Against Sureties
Chapter VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 65.1 lets a court enforce a surety's liability on a bond or undertaking by motion, without a separate lawsuit, because every surety who backs a required bond submits to the court's jurisdiction and appoints the clerk as an agent for service.
Full Text of Rule 65.1
Plain-English Summary
Rule 65.1 exists so that a bond or undertaking backing a court order doesn't turn into a second lawsuit if the surety has to pay up. Whenever the civil rules require or allow a party to give security, and that security takes the form of a bond, stipulation, or other undertaking with one or more sureties, each surety automatically submits to the court's jurisdiction the moment it signs on. Each surety also irrevocably appoints the clerk of the court as its agent for service of any papers affecting its liability on that bond or undertaking.
Because of that built-in submission to jurisdiction, a surety's liability can be enforced on motion, without the expense and delay of an independent action. The rule spells out how notice of that motion reaches the surety: the motion, along with whatever notice the court prescribes, can be served on the clerk of the court, and the clerk then mails copies to the sureties at their known addresses.
This rule reaches beyond injunction bonds. It applies whenever these rules require or permit security, which includes, among other bonds a court might require, the security an applicant posts under Rule 65 for a restraining order or preliminary injunction.
Frequently Asked Questions
If someone posts an injunction bond and it turns out they were wrongfully enjoined, does the surety have to be sued separately?
No. Rule 65.1 lets the court enforce the surety's liability on motion, because signing the bond already submits the surety to the court's jurisdiction. There's no need for an independent action against the surety.
How does a party serve a motion to enforce liability against a surety?
The motion and whatever notice of the motion the court prescribes can be served on the clerk of the court, since each surety irrevocably appoints the clerk as its agent for service of papers affecting its liability on the bond.
What happens if the surety's address isn't known?
The rule directs the clerk to mail copies of the motion to the sureties if their addresses are known, which implies that when an address isn't known, that particular mailing step isn't required, though service on the clerk as agent still satisfies the rule.
Does Rule 65.1 apply only to injunction bonds under Rule 65?
No. It applies whenever these rules require or permit the giving of security in the form of a bond, stipulation, or other undertaking with sureties, which covers more than just Rule 65 injunction bonds.
What does a surety agree to by signing a bond covered by this rule?
By signing, the surety submits itself to the jurisdiction of the court and irrevocably appoints the clerk of the court as its agent for service of any papers affecting its liability on the bond or undertaking.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
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