A motion for injunctive relief can prejudice the restrained party. A court may order the moving party to provide an injunction bond to protect the injuncted party. An injunction is an equitable remedy which prohibits a person or entity from doing some specific act or acts. The order can be preliminary or permanent (perpetual). This mechanism is also interlocutory, allowing issuance at any time during the pendency of litigation. The purpose is to offer the complainant immediate protection from irreparable injury should the restrained party be allowed to engage in the prohibited act(s). Generally, an injunction is limited in time and scope, the subject matter being addressed at an expedited hearing on its merits. Further, an injunction is often granted after a court has found that said irreparable injury is likely AND that the movant is likely to prevail in his or her argument for the injunction.
Because a court order may restrain a party from exercising an otherwise legal right, there is a possibility that the injunction will later be found improper. An improper restraint may cause the 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 injuncted party whole". This judicial undertaking is generally required by court order, and the bond penalty (bond amount) set by the court hearing the underlying controversy. An injunction bond remains in effect until the court issues an interlocutory order, a permanent injunction is issued and/or the preliminary order is dissolved and the case adjudicated.
Ferederal injunction bonds in U.S. District Court cases are regulated by different rules. Read more here.
An injunction bond must be issued by a surety company licensed in the jurisdiction wherein the replevy action is to be filed. Quoting a replevin bond is accomplished by a surety bond underwriter with knowledge of court bond obligations. 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 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 injunction bond or other litigation surety need.
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