Rule 36.Different Officials and Bondsmen
Last verified June 28, 2026
Full Text of Rule 36
Plain-English Summary
Rule 36 reaches down the chain of officials. In a suit by the State on the official bond of a State officer, a subordinate officer who gave a bond — payable to the State or to the superior officer — that covers all or part of the same default may be joined as a defendant, along with the sureties on that bond. The joinder is available when the petition alleges that both officers are liable for the money sued for.
Frequently Asked Questions
Can a subordinate officer be joined in a suit on a superior's bond?
Yes. Under Rule 36, when the petition alleges both are liable, a subordinate officer and the sureties on that officer's bond may be joined with the superior officer and the superior's bondsmen.
Who can use Rule 36 to join a subordinate officer?
Only the State, in a suit on the official bond of a State officer. Rule 36 does not extend this joinder to suits brought by private parties.
What must the subordinate officer's bond cover to trigger Rule 36?
It must be payable to the State or to the superior officer, and cover all or part of the same default sued for. That overlap is what lets the subordinate officer and sureties be joined with the superior officer's bondsmen.