§65.1.5 Purpose and Procedure

• Jurisdiction: Washington

§65.1.5PURPOSE AND PROCEDURE

CR 65.1 provides an expeditious method for determining a surety's liability. The rule does not abrogate the traditional avenue of an independent action against a surety. Rather, it provides a quicker resolution by motion. Dispatch is the keynote: each surety submits to the court's jurisdiction and "irrevocably appoints" the court clerk as the surety's agent for service of papers.

Practice Tip: Review any applicable local rules and familiarize yourself with the clerk's requirements for notice of any motion filed pursuant to CR 65.1.

The rule is designed to avoid time and effort wasted in preparing an independent action and locating the surety for service of process.

CR 65.1 does not enumerate cases to which it applies; therefore, the ordinary questions of where, who, how, what, and when must be addressed. Obviously, motion practice under the rule occurs in the court requiring the security. The party alleging damages recoverable from a surety may proceed by motion. Clearly, the surety on the bond, stipulation, or other undertaking is the target described by the rule for the moving party.

The manner in which the issues are joined and brought before the court is simple, summary, and clearly stated by motion and notice served on the clerk of court. Questions involving what and when are less clearly resolved by the rule's text.

By its terms, CR 65.1 covers all cases in which "these rules" require or permit the giving of security and security is given with one or more sureties. The scope of "these rules" necessarily includes the Superior Court Civil Rules. Examples of security to which CR 65.1 applies include CR 62, concerning stays, and CR 65, concerning restraining orders and preliminary injunctions. A slightly more expansive reading of CR 65.1 would apply...