Rule 65.1.Proceedings Against a Security Provider

Last amended December 1, 2018 · Last verified June 30, 2026

In one sentenceRule 65.1 gives a streamlined procedure against a security provider — a party that posts a bond or other security in a case: by providing it, the provider submits to the court’s jurisdiction, and its liability may be enforced on motion without a separate lawsuit.

Full Text of Rule 65.1

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Whenever these rules (including the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions) require or allow a party to give security, and security is given with one or more security providers, each provider 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 security. The security provider'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 send a copy of each to every security provider whose address is known.

End

Amendment History

(Adopted February 28, 1966, effective July 1, 1966; amended March 2, 1987, effective August 1, 1987; April 12, 2006, effective December 1, 2006; April 30, 2007, effective December 1, 2007; April 26, 2018, effective December 1, 2018.)

Plain-English Summary

When the rules require a party to post security — an injunction bond, a supersedeas bond on appeal, or similar — someone has to back it. Rule 65.1 makes that backer easy to hold to its promise. Whenever a party gives security with one or more security providers (the rule’s broadened term, which replaced “surety” in 2018), each provider submits to the court’s jurisdiction and irrevocably appoints the court clerk as its agent for receiving any papers that affect its liability.

The payoff is procedural economy: the provider’s liability may be enforced on motion in the same case, without starting an independent action. The party seeking to enforce serves the motion on the clerk, who mails a copy to each security provider whose address is known. The bond is collected within the case that created it.

Frequently Asked Questions

What is a security provider under Rule 65.1?

A party — such as a surety or bonding company — that posts a bond or other security in a case. By doing so, it submits to the court’s jurisdiction (Rule 65.1).

How is a bond enforced under Rule 65.1?

By motion in the same action, not a separate lawsuit; the motion is served on the clerk, who mails copies to the security providers.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 65.1), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 65.1Fed. R. Civ. P. 65.1security providersuretyenforcing a bond