Rule 1-404. Proceeding Against Surety

Upon the filing of a bond with the clerk any surety on the bond submits to the jurisdiction of the court and irrevocably appoints the clerk as agent to receive service of any papers affecting the surety's liability on the bond. The liability of the surety may be enforced on motion without the necessity of an independent action. A motion filed pursuant to this Rule may be served on the clerk who shall promptly notify the surety by mailing a copy of the motion to the surety at the address provided on the bond. The court may provide for additional notice to the surety.

Committee Notes

Source: This Rule is derived from the 1966 version of Fed. R. Civ. P. 65.1.