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 8: Provisional and Final Remedies · Last amended April 28, 2015 · Last verified July 13, 2026
In one sentenceRule 65.1 lets a court enforce a bond or undertaking against its surety by motion alone, without a separate lawsuit, because posting security under the civil rules submits the surety to the court's jurisdiction and makes the clerk its agent for service.
Full Text of Rule 65.1
Amendment History
Adopted May 5, 1967, effective July 1, 1967; amended, effective April 28, 2015.
Plain-English Summary
Several civil rules require or allow a party to post security — a bond, a stipulation, or some other undertaking backed by a surety. Rule 65.1 makes sure that security means something if things go wrong. Rather than forcing the party who's owed money on the bond to file a whole new lawsuit against the surety, the rule lets the court handle it within the same case.
The mechanism is built into the act of posting the bond itself. The moment a surety signs on, that surety submits to the court's jurisdiction and irrevocably appoints the clerk of the court as its agent for service of any papers touching its liability on the bond. That means liability can be enforced on motion, with the motion and whatever notice the court requires served on the clerk, who then mails copies to the sureties at their known addresses.
This rule ties directly into Rule 65(c), which requires security before a restraining order or preliminary injunction issues — the injunction rule's own text sends the reader to Rule 65.1 for how that surety's liability gets enforced. But Rule 65.1's reach isn't limited to injunction bonds; it covers any surety on a bond or undertaking that the rules require or permit.
Frequently Asked Questions
What kinds of bonds does Rule 65.1 cover?
Any bond, stipulation, or other undertaking with one or more sureties that a party gives because these rules require or permit security to be posted.
Do I have to file a separate lawsuit against the surety to collect?
No. The surety's liability may be enforced on motion within the existing case, without the need for an independent action.
How does the surety get notified of a motion against it?
The motion and whatever notice the court prescribes may be served on the clerk of the court, who forthwith mails copies to the sureties if their addresses are known.
Why does Rule 65 point to Rule 65.1?
Rule 65(c) requires security before a restraining order or preliminary injunction can issue, and its text expressly states that Rule 65.1 applies to a surety on that bond or undertaking.
Does posting a bond automatically subject the surety to the court's authority?
Yes. By giving security in the form of a bond or undertaking, each surety submits to the court's jurisdiction and irrevocably appoints the clerk as its agent for service of papers affecting its liability.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
Also known as: surety bond enforcement washingtoninjunction bond surety rule washingtonenforcing a bond without a separate lawsuitsecurity for restraining order washington rule