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 documents 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 promptly send copies to the sureties if their addresses are known.
Rule 65.1.Security; Proceedings against sureties
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 65.1 has a surety who backs a bond or other security under these rules automatically submit to the court's jurisdiction and appoint the clerk as its agent for service, and lets the surety's liability be enforced by motion, without a separate lawsuit.
Full Text of Rule 65.1
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Whenever these rules require or allow a party to post security — an injunction bond, for instance — and a surety backs it, Rule 65.1 keeps enforcement simple. By providing that security, the surety automatically submits to the court's jurisdiction and irrevocably appoints the clerk as the agent on whom papers affecting the surety's liability can be served.
That means the surety's liability can be enforced by motion in the same case, rather than forcing the party to file a separate lawsuit against the surety. The motion, and whatever notice the court requires, can be served on the clerk, who promptly forwards copies to the sureties if their addresses are known.
Frequently Asked Questions
Does a surety who backs a bond have to be sued separately to enforce its liability?
No. Rule 65.1 lets the surety's liability be enforced by motion in the same action, without a separate lawsuit.
How does a surety become subject to the court's jurisdiction?
By giving the security in the first place — the surety automatically submits to the court's jurisdiction and appoints the clerk as its agent for service of related papers.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 65.1). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: surety liability enforcementbond surety jurisdiction