Rule 65. Injunctions

Rule 65.05. Injunction Bond

(1) Except in such actions as may be brought on pauper’s oath, no restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety in such sum as the court to whom the application is made deems proper, for the payment of such costs and damages as may be incurred or suffered by any person who is found to have been wrongfully restrained or enjoined. The address of the surety shall be shown on the bond.

(2) A surety upon a bond under the provisions of this Rule submits himself to the jurisdiction of the court. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least twenty (20) days prior to the date of the hearing thereon.

(3) A party restrained or enjoined may move the court for additional security; and if it appear on such motion that the surety is insufficient or the amount of the bond is insufficient, the court may vacate the restraining order or temporary injunction unless within a reasonable time sufficient security is given.

Click here for Advisory Commission Comments to Rules 65.01-65.07.


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