Security: Proceedings against sureties

Rules of Civil Procedure, Superior Court of Delaware

Rule: 65.1

Jurisdiction: DE

Bluebook Citation: Del. Super. Ct. Civ. R. 65.1

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 Prothonotary 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 Prothonotary, who shall forthwith mail copies to the sureties if their addresses are known. History. Added, effective Jan. 1, 1967; amended, effective Jan. 1, 1991.

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