A federal injunction bond is a prejudgment remedy contemplated under U.S. Code (Rule 65). Unlike a federal temporary restraining order, an injunction may be ordered by the court only after giving notice to opposing counsel or party. Civil procedure in a federal civil forum also allows for consolidation of a hearing for injunctive relief with a trial of merits.
Pursuant to subsection (a)(2), "Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party's right to a jury trial."
A court order injuncting a party from exercising an otherwise legal right inevitably carries the risk that the injunction will later be found improper. An improper restraint may cause the injuncted party to suffer damages for which the movant is responsible. An injunction bond guarantees that the movant will pay to or otherwise perform specific acts to "make the prejudiced party whole". This civil undertaking is generally required by court order and the bond penalty (bond amount) set by the court. An injunction bond remains in effect until the court issues an interlocutory order, a permanent restraining order is issued, the preliminary order is dissolved or the case adjudicated.
A federal injunction bond must be issued by a surety company licensed in the jurisdiction wherein the motion is to be filed and must appear on the U.S. Treasury's list of sureties (the "T-List") acceptable for federal obligations. Quoting an injunction bond is best accomplished by a surety bond underwriter with knowledge of judicial obligations. Judicial bond leader, Surety One, Inc. specializes in surety bonds in 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 surety underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here for a live chat with an underwriter for further information or to discuss your federal injunction bond or other litigation surety need.
Surety bond application review and quoting are free of charge. There is no obligation to purchase.