When seeking a Temporary Restraining Order or a Preliminary Injunction, the United States Court of Federal Claims can require a bond to secure the relief being sought. The Court has a specific bond form that they use which is referred to as Form 11: SURETY BOND FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION.
The plaintiff is always the party seeking the injunction and the defendant is always the United States of America. The bond protects any party for any costs and damages that may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. These damages and costs must be proven before they are awarded. In the event it is determined that the TRO or Preliminary Injunction was granted improperly, the surety will not immediately pay out the money.
The surety must sign the bond and include the title of the signatory, their address, phone number, and email address. All of this should be clearly printed.
The bond for this obligation requires the signature of the principal, which is the party that sought the Temporary Restraining Order Bond or Preliminary Injunction. This is important to note since most undertakings and bonds related to litigation do not require this. Also, since most courts require original signatures and signatures are required to be notarized, you should be aware of this as it can add a day or two to the filing process for the bond. This is especially important since you may need to have the bond on file within a certain period of time.
Lastly, it is important to note that the Plaintiff and the surety stipulate that the damages may be ascertained in such manner as the court shall direct. (See RCFC 65.1)
Since it is important to have the bond correctly issued the first time, when choosing a bonding agency, select one that knows exactly what is being required.
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