Rule 31 Surety Not to Be Sued Alone

If someone wants to sue a person who acted as a surety (someone who promised to pay if another person didn't), they generally can't sue that surety alone. The person who made the original promise (called the principal) must be included in the same lawsuit.

There is an exception. If a court has already ruled against the principal in an earlier case, then the surety can be sued on their own. Some other laws and court rules may also create additional exceptions to this requirement.