When a party asks a court to order someone to stop doing something — to halt construction, freeze an account, or stop using a trade secret — the court often will not grant that order for free. It typically requires the requesting party to post an injunction bond first. The bond protects the other side in case the order turns out to be wrong. If you are seeking a temporary restraining order (TRO) or a preliminary injunction, here is what the bond does and how to get one without slowing your motion.
An injunction bond — sometimes called a TRO bond or a Rule 65 bond — is security a court requires before it issues a temporary restraining order or preliminary injunction. It guarantees that if the court later decides the injunction was wrongly granted, the restrained party can recover the costs and damages it suffered while the order was in place. The bond is the price of getting fast, powerful relief before a case is fully decided.
An injunction can be disruptive — it can stop a business from operating, freeze a transaction, or block a project. If the party who asked for it ultimately loses, the restrained party may have suffered real financial harm in the meantime. The bond exists so that harm can be compensated. In federal court this is governed by Federal Rule of Civil Procedure 65(c), and most states have a closely parallel rule of their own.
There is no fixed formula. The amount is left to the judge's discretion, set for the payment of such costs and damages as may be incurred by a party who is found to have been wrongfully enjoined or restrained. Judges weigh the potential harm to the restrained party against the strength of the moving party's case. In practice, the figure can range from a nominal amount to a very large one — and courts can even set it at zero where the risk of harm is speculative or where a large bond would effectively shut a meritorious plaintiff out of court. One important limit: if the restrained party later recovers on the bond, its recovery is generally capped at the bond amount.
Any private party seeking a TRO or preliminary injunction should expect to post security. There is a notable exception in federal court: the United States, its officers, and its agencies are not required to give security. Otherwise, plan on the bond being a condition of the order you are asking for.
TROs move fast — sometimes within hours or a day or two. If the judge conditions the order on a bond, the order does not take effect until the bond is filed. That makes speed essential: a delay in obtaining the bond can delay the very relief you fought to get. The practical move is to have a surety lined up before the hearing, so you can post the moment the judge sets an amount.
Work with a surety that handles court bonds and understands the urgency of injunction practice. Jurisco has written injunction and TRO bonds in all 50 states since 1987. Because the company was founded by an attorney, the team is used to working on a litigator's timeline and can often issue the bond fast once the court sets the amount and the applicant's information is ready.
What is an injunction bond?
Security a court requires before issuing a TRO or preliminary injunction, to cover the other side if the order was wrongly granted.
How much is it?
It is up to the judge. Amounts range widely based on potential harm, and a court can even set it at zero.
Does the government have to post one?
No. In federal court, the United States and its agencies are exempt under Rule 65(c).
How fast can I get one?
Often quickly once the court sets the amount, especially with a surety lined up in advance.