Whenever these rules require or allow a party to give security, and security is given through a bond or other undertaking with one or more sureties, each surety submits to the court’s jurisdiction and irrevocably appoints the court clerk as its agent for receiving service of any papers that affect its liability on the bond or undertaking. The surety’s liability may be enforced on motion without an independent action. The motion and any notice that the court orders may be served on the court clerk, who must promptly mail a copy of each to every surety whose address is known.
Rule 65.1.Proceedings against a surety
Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 65.1 lets a court enforce a surety's liability on a bond by motion, without a separate lawsuit, once the surety has submitted to the court's authority.
Full Text of Rule 65.1
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
When a party has to post security under the rules — for a preliminary injunction, a TRO, or anything else that calls for a bond or undertaking — that security often comes with one or more sureties standing behind it. Rule 65.1 says that by giving the bond, each surety submits to the court’s jurisdiction and appoints the court clerk as its agent for receiving papers about its liability on the bond.
That setup means the party who benefits from the bond doesn’t need to file an entirely new lawsuit to collect from a surety who fails to pay — liability can be enforced by motion in the existing case. The motion, along with any notice the court orders, can be served on the court clerk, who then has to promptly mail a copy to every surety whose address is known, keeping the process efficient without cutting sureties out of notice entirely.
Frequently Asked Questions
What is a surety’s role under Rule 65.1?
A surety backs a bond or undertaking a party gives under the rules, and by doing so it submits to the court’s jurisdiction over any dispute about its liability on that bond.
Do I need to file a new lawsuit to collect from a surety?
No. Rule 65.1 lets a party enforce the surety’s liability by motion in the same case, instead of starting an independent action.
Who receives court papers on the surety’s behalf?
The court clerk, whom each surety irrevocably appoints as its agent for service of papers affecting its liability on the bond.
What must the clerk do after the motion is served?
The clerk must promptly mail a copy of the motion and any court-ordered notice to every surety whose address is known.
Which kinds of bonds does Rule 65.1 cover?
Any bond or other undertaking with sureties that the rules require or allow a party to give as security, such as the security required for a preliminary injunction or temporary restraining order under Rule 65(c).
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as: surety liability motionbond enforcement civil procedureundertaking with suretiesenforcing a bond