When attorneys and their clients are seeking a temporary restraining order or preliminary injunction in federal cases against the United States, the United States Court of Federal Claims will generally require a surety bond in order to provide security to the relief that is being sought. This is a process that requires a specific form from the US courts: Form 11 Surety Bond for Temporary Restraining Order or Preliminary Injunction.
How Temporary Restraining Orders Work with Surety Bonds
The party that is asking the courts for a preliminary injunction or a temporary restraining order is always the plaintiff, and the party that the order or injunction is being used against is the defendant (in cases involving Form 11, it is always the United States). A temporary restraining order or injunction surety bond is required in order to protect the defendant that the injunction is placed against. This is because the defendant may be wrongly accused of causing the plaintiff to incur a financial loss.
There are many types of injunctions and restraining orders that are covered by surety bonds in all federal courts.
Working with Form 11 in These Federal Cases
In order to obtain a surety bond for a temporary restraining order or preliminary injunction against the United States, the plaintiff must fill out Form 11, which states that the plaintiff “has obtained from the United States Court of Federal Claims a [Temporary Restraining Order or Preliminary Injunction] against the United States.”
This form must be submitted along with the information of the surety providing the bond and the signature of the principal, which should be notarized.
Work Quickly with a Reliable Surety Agency
It’s important to act quickly in these cases as there are often time limits in which plaintiffs are required to obtain and submit the bond. It also must be done before relief can be provided from the courts. Keep in mind that getting a signature notarized can add a day to the process.
Most importantly, work with a reliable surety agency that can help you get through the process smoothly and quickly. It’s important to get these bonds right the first time, allowing your restraining order or injunction to move forward.
If you are working on a federal case that involves the US as the defendant and you need a temporary restraining order or injunction bond, get in touch with the surety experts at The Patrick J. Thomas Agency today.
Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.