Rule 65.1.Security: Proceedings Against Sureties.

Last amended January 1, 2000 · Last verified July 3, 2026

In one sentenceRule 65.1 lets a court enforce a surety's liability on a bond directly by motion, without a separate lawsuit.

Full Text of Rule 65.1

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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.

End

Amendment History

Added May 15, 1972, effective July 1, 1972

amended December 7, 1999, effective January 1, 2000

Plain-English Summary

Whenever these rules require or allow a party to post security, and that security comes as a bond, stipulation, or other undertaking with one or more sureties, each surety automatically submits to the court's jurisdiction and appoints the clerk as the surety's agent for service of any papers affecting the surety's liability on the bond.

Rather than requiring an independent lawsuit, the surety's liability can be enforced by motion, served on the clerk under whatever notice the court prescribes, and the clerk then mails copies to the sureties at any known address.

Frequently Asked Questions

Does a surety on a bond have to be sued separately to enforce its liability?

No. Rule 65.1 lets the surety's liability be enforced by motion, without the need for an independent action.

How does a surety get notified of a motion against it?

The motion and notice may be served on the clerk of the court, who then mails copies to the sureties at any known address.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 65.1). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: surety liability on bondenforcing a bond by motion