Texas Injunction Bond: What Rule 684 Requires
Texas front loads the bond. In federal court a judge has room to decide how security should work. Under the Texas Rules of Civil Procedure, the court fixes the amount in the order, and the applicant files the bond with the clerk before the restraining order or temporary injunction issues. The bond is not paperwork you catch up on afterward. It is the thing standing between you and the relief you asked for.
If you have a hearing on the calendar in a Texas court and expect a bond requirement, call us at 800-333-7800 or request a free quote. We have been writing Texas court bonds since 1971 and we can usually have a bond ready the same day once the judge sets the number.
What Texas Rule 684 says
Rule 684 is titled "Applicant's Bond," and it reads:
"In the order granting any temporary restraining order or temporary injunction, the court shall fix the amount of security to be given by the applicant. Before the issuance of the temporary restraining order or temporary injunction the applicant shall execute and file with the clerk a bond to the adverse party, with two or more good and sufficient sureties, to be approved by the clerk, in the sum fixed by the judge, conditioned that the applicant will abide the decision which may be made in the cause, and that he will pay all sums of money and costs that may be adjudged against him if the restraining order or temporary injunction shall be dissolved in whole or in part."
Four things in that sentence matter more than the rest.
The court "shall" fix the amount
Not may. The rule directs the court to set security in the order granting relief. This is a meaningful difference from the federal approach, where Rule 65(c) leaves judges more room. In Texas, the number is part of the order.
The bond is filed before the order issues
This is the part that surprises out of state counsel. The applicant executes and files the bond with the clerk before the restraining order or temporary injunction is issued. If you are used to jurisdictions where the bond follows the order, plan differently in Texas. Practically speaking, it means the surety needs to be lined up before you walk into the hearing, not after.
"Two or more good and sufficient sureties"
The language dates from an era of individual sureties, when two neighbors would sign for you. In modern practice, a corporate surety bond issued by an admitted, court approved surety company satisfies the requirement. That is what we issue, and it saves you from hunting down individuals willing to pledge personal assets. The clerk approves the bond, so the surety needs to be one the court will accept.
What the bond is conditioned on
Two obligations: that the applicant will abide the decision made in the cause, and that the applicant will pay all sums of money and costs adjudged against them if the order is dissolved in whole or in part. Note that last phrase. Partial dissolution can trigger exposure, not just a complete reversal.
The 14 day clock under Rule 680
A Texas temporary restraining order expires by its terms within the time the court fixes, not to exceed fourteen days. That short window is why a temporary restraining order bond moves faster than almost anything else we write. A TRO granted on a Friday can be heading toward a temporary injunction hearing before the following Friday, and if the bond is not filed the order does not issue at all.
A related trap worth knowing about
Rule 683 requires that every order granting an injunction or restraining order state the reasons for its issuance, be specific in its terms, and describe the restrained acts in reasonable detail rather than by reference to the complaint. Texas appellate courts take that seriously, and orders get dissolved over defects in form. It is not a bonding issue, but it is worth checking before you file, because a dissolved order is exactly the scenario that puts a bond in play. You can review the current rules at the Texas Judicial Branch.
Who posts the bond, and what it costs
The applicant posts it. That is the party asking the court to restrain someone, which in most commercial cases is the plaintiff. The bond runs to the adverse party, meaning the person being restrained is who it protects. The mechanics are the same ones we cover on our national injunction bond page.
Because a Texas injunction bond is posted by the party seeking relief, it is a plaintiff bond. For a qualified applicant, plaintiff bonds run approximately 2 to 3 percent of the bond amount and can be approved without collateral. Defendant bonds are different and require full collateral. Premiums are paid annually and in full at issuance. Every situation is different, so call us at 800-333-7800 for a free, no obligation quote.
How to get a Texas injunction bond
- Call before the hearing. Give us the case style and number, the court and county, and the nature of the dispute. We can start underwriting without the final number.
- Send the application and any court documents. A short application by email, plus the motion and any proposed order.
- Tell us the amount the moment the judge sets it. This is the only piece that has to wait for the hearing.
- Pay the annual premium and receive the bond. We produce the bond for filing with the clerk, and can send a wet signature original overnight if the court requires one.
Frequently asked questions
Does Texas require a bond for a TRO?
Rule 684 directs the court to fix the amount of security in the order and requires the applicant to file the bond with the clerk before the restraining order or temporary injunction issues. Plan on posting one.
How much does a Texas injunction bond cost?
The judge sets the bond amount based on what the restrained party could lose if the order is later dissolved. There is no fixed formula in the rule. Your premium is a percentage of that amount, and for a qualified applicant a plaintiff bond runs approximately 2 to 3 percent. Call 800-333-7800 for a quote.
Who has to post the injunction bond in Texas?
The applicant, meaning the party asking the court to restrain someone. The bond runs to the adverse party, so it protects the party being restrained.
Can I get a Texas injunction bond without collateral?
Often yes. Injunction and TRO bonds are posted by the party seeking relief, and a qualified applicant can frequently be approved on credit and financial capacity with no collateral. Defendant bonds always require full collateral.
How fast can you issue one?
Usually the same day or the next business day once we have the case details and the court ordered amount. Because the bond has to be filed before the order issues, contact us before the hearing rather than after.
Do you write injunction bonds outside Texas?
Yes. We write injunction and TRO bonds in all 50 states and in federal court. Texas simply has its own procedural quirks, which is why this page exists.
Ready to get your Texas injunction bond?
Surety Bond Authority has been writing court bonds since 1971, and we know how Texas courts handle Rule 684. Call us at 800-333-7800 or contact us today. Same day issuance is available in most cases, and we would rather hear from you before the hearing than after.