Rule 65.1.Proceedings against a security provider
Group VIII: Provisional and Final Remedies · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 65.1
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical.
Amendment History
Added eff. 9-27-71; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
When a party posts a bond or other security under these rules, someone stands behind that promise, often a bonding company or other security provider. Rule 65.1 makes sure that promise can be enforced without forcing anyone to file a whole new case against the surety. By providing the security, the surety agrees to the court's authority over it and appoints the court clerk to accept papers on its behalf.
That means a party can pursue the surety's liability by motion in the same case where the bond was given. The court clerk serves as the contact point, promptly forwarding copies of the motion and any court-ordered notice to every security provider whose address is known. The rule keeps enforcement quick and tethered to the underlying case rather than spinning off separate litigation over the bond itself.
Frequently Asked Questions
Do I need to file a new lawsuit against a surety to collect on a bond?
No. Rule 65.1 allows the surety's liability to be enforced by motion in the same action where the security was given, rather than through an independent lawsuit.
What does a security provider agree to by posting a bond?
By giving security under these rules, the provider submits to the court's jurisdiction and appoints the court clerk as its agent for receiving service of papers affecting its liability on that security.
How does a security provider get notified of a motion against it?
The motion and any notice the court orders can be served on the court clerk, who must promptly send a copy to every security provider whose address is known.
Does Rule 65.1 apply only to injunction bonds?
It applies whenever these rules require or allow a party to give security, which covers bonds tied to injunctions and restraining orders under Rule 65 as well as other security given under the rules.
What happens if a security provider's address is unknown?
The rule requires the clerk to send copies to providers whose address is known, which underscores why keeping current address information on file with the court matters for anyone standing behind a bond.