An Oklahoma temporary injunction bond is required before an injunction or temporary restraining order may take effect. Pursuant to §12-1382, a moving party is granted an injunction in those cases where he or she is entitled to the relief demanded, and such relief includes a restraint on the commission or continuance of some act during the underlying litigation, would produce injury to the movant. The court will generally take into consideration four elements when a motion is received: the likelihood of the movant’s success on arguing the merits, the presence of irreparable injury or prejudice, the possibility and extent of injury to the restrained or enjoined party, and any public interest.
The moving party assumes specific liability for an improper injunction or TRO. Per §12-1384.2, “If a temporary restraining order is granted, the party restrained may recover the damages he sustained, including reasonable attorney’s fees, if it is finally decided that the restraining order ought not to have been granted.” For this reason, the Code of Civil procedure requires an Oklahoma temporary injunction bond (surety undertaking on temporary restraining order). Pursuant to §12-1392, “No injunction shall become effective until the movant files an undertaking, with sufficient surety and approved by the clerk of the court. The temporary injunction bond must be executed in the amount fixed by the court and secure the restrained party those damages that he or she may sustain, including reasonable attorney’s fees, if it is finally decided that the injunction was improper” The Code allows the enjoined party to object to sufficiency of surety and request that the court impose an increase of the bond penalty.
An Oklahoma temporary injunction bond must be issued by a surety company licensed in the jurisdiction. Quoting a restraining order bond is best accomplished by a surety bond underwriter with knowledge and experience styling judicial undertakings for filing with the courts. Judicial bond leader, Surety One, Inc. specializes in surety bonds for federal, state and local trial courts and courts of appeals. Application submissions are reviewed and responded to within one hour of receipt. We are the most agile judicial bond underwriter in the United States. Call (800) 373-2804 or email us at Underwriting@SuretyOne.com to discuss your Oklahoma injunction bond (temporary restraining order bond) or other litigation surety bond need.
Moving for injunction in a case in any U.S. District Court? Learn more about a federal injunction bond here. Attorneys, follow Judicial Bonds on Twitter at https://twitter.com/CourtBondSurety.
