Federal Temporary Restraining Order Bond (TRO Bond ~ U.S. District Court)

Bond Penalty: Court Discretion

A federal temporary restraining order bond is a prejudgment remedy contemplated under U.S. Code (Rule 65). Unlike a federal injunction, a temporary restraining order may be ordered by the court without 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 (b)(1), "The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required."

A court order restraining a party from exercising an otherwise legal right inevitably carries the risk that the TRO will later be found improper. An improper TRO may cause damages to the restrained party for which the movant is responsible. A federal temporary restraining order 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. A federal TRO bond remains in effect until the court issues a permanent restraining order, the case adjudicated or a motion to dissolve is filed and heard pursuant to (b)(4), which reads, Upon two days’ notice to the party who obtained the order without notice or on shorter notice set by the court, the restrained party may appear and move to dissolve or modify the TRO. The court must hear and adjudicate the motion as promptly as justice requires.

A federal temporary restraining order bond must be issued by a surety company licensed in the jurisdiction wherein the civil action is to be filed and must appear on the U.S. Treasury's list of sureties (the "T-List") acceptable for federal obligations. Quoting a TRO bond is best accomplished by a surety bond underwriter with knowledge of court undertakings. Judicial bond leader, Surety One, Inc. specializes in judicial 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 temporary restraining order bond or other litigation surety need.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of court documents.