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 to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety’s agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s 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 sureties if their addresses are known.
Rule 65.1.Security; proceedings against sureties
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 15, 1985 · 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, once the surety has submitted to the court's jurisdiction and appointed the clerk as its agent for service.
Full Text of Rule 65.1
Notes
Reporter’s Notes: Rule 65.1 is added to provide generally for proceedings against sureties. It is virtually identical to Federal Rule of Civil Procedure 65.1. The difference is in the addition of coverage of situations where a court orders the giving of security pursuant to authority not contained in these rules. When the Vermont Rules of Civil Procedure were adopted, the provisions of this rule were included in Rule 65(c) and applied only to security given by the applicant for a restraining order or preliminary injunction. See Reporter’s Notes to Rule 65. Experience has indicated the need for this procedure to enforce the provisions of security given for other purposes—for example, security given in lieu of an attachment under Rule 4.1(e)(2) or security required during an appeal in an injunction case under Rule 62(d). An equivalent District Court Civil Rule has been adopted so this rule will apply in district court.
Amendment History
Added Jan. 9, 1985, eff. March 15, 1985.
Plain-English Summary
Rule 65.1 solves a practical problem created by Rule 65's security requirement and every other rule that calls for a bond, stipulation, or other undertaking backed by a surety: how does a court make a surety pay when it turns out the surety owes money? Rather than forcing the party to file a whole new lawsuit against the surety, this rule lets the surety's liability be enforced on motion in the same case.
By posting the bond or undertaking, the surety automatically submits to the court's jurisdiction and irrevocably appoints the clerk of the court as the agent authorized to accept papers about the surety's liability. When someone wants to enforce that liability, they serve a motion and whatever notice the court requires, and they can serve it on the clerk, who then mails copies to the sureties at their known addresses. That streamlined mechanism is what backs up the security Rule 65 requires for a TRO or preliminary injunction, as well as bonds required elsewhere in these rules.
Frequently Asked Questions
Can a surety be sued directly to collect on a bond?
Rule 65.1 does not require a separate lawsuit. The surety's liability on the bond or undertaking can be enforced on motion in the existing case, without the need for an independent action.
Does posting a bond automatically subject a surety to the court's authority?
Yes. By giving security in the form of a bond, stipulation, or other undertaking, each surety submits to the jurisdiction of the court.
Who accepts papers on behalf of a surety under this rule?
Each surety irrevocably appoints the clerk of the court as the surety's agent for service of any papers affecting the surety's liability on the bond or undertaking.
How does someone enforce a surety's liability?
By motion, along with whatever notice of the motion the court prescribes. The motion and notice may be served on the clerk of the court, who then forwards copies to the sureties by mail if their addresses are known.
Which rules trigger Rule 65.1's surety procedure?
Any rule that requires or permits a party to give security in the form of a bond, stipulation, or other undertaking with one or more sureties — including the security Rule 65(c) requires for a restraining order or preliminary injunction.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: surety liability vermontbond enforcement vermont rulevt rule 65.1injunction bond surety motionsecurity proceedings against sureties