Surety

What surety means

In practice, you will see surety in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where surety comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Suretyship.

How to research the term

To research surety, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Summons: a court-issued document that notifies a defendant of a lawsuit and the time to respond. It is served with the complaint.
• Supersedeas bond: a bond posted by a party appealing a money judgment to stay enforcement of the judgment while the appeal is pending. Under Federal Rule of Civil Procedure 62(b), a party may obtain a stay by providing a bond or other security.
• Superseded: replaced by something later that takes its place. A statute, rule or regulation is superseded when a later enactment replaces it, and a court decision may be "superseded by statute." In civil cases, an amended pleading generally supersedes the original, so the amended version becomes the operative pleading.
• Supremacy Clause: article VI, Clause 2 of the Constitution, which makes the Constitution, federal laws made in pursuance of it, and treaties "the supreme law of the land," binding on state judges "anything in the Constitution or laws of any State to the contrary notwithstanding."

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.