§ 16-113-203 - Injunction bonds.
               	 		
16-113-203.    Injunction bonds.
    (a)  In  every case, the court or judge granting an injunction shall specify in  the order therefor an amount, for which the party obtaining it shall  give security in a bond to the party enjoined, before the injunction  shall become effectual. The amount of the bond shall be sufficient to  cover all the probable damages and costs that may be occasioned by the  injunction.
(b)  The court or judge  may prescribe the effect of the bond, so as to secure to the party  enjoined the damages to which he or she may become entitled if it is  finally decided that the injunction ought not to have been granted.
(c)    (1)  Where  the injunction is to stay proceedings upon a judgment or final order  for money, the amount for which security is required shall be sufficient  to cover, with other damages, the sum enjoined, with five (5) years'  interest thereon.
      (2)  When the  injunction is to stay proceedings upon a judgment for property, the  amount specified in the order shall be sufficient to cover also the  rent, hire, or value of the use thereof for two (2) years; and in case  of personal property, its value likewise.
(d)  The  order of injunction shall not be issued by the clerk until the bond  mentioned in subsections (a)-(c) of this section has been executed in  his or her office by one (1) or more sufficient sureties of the party  obtaining the injunction.
(e)    (1)  Where  the injunction is to stay proceedings upon a judgment or final order,  the bond shall be to the effect that the party obtaining the injunction  will satisfy the judgment or order, or so much of it as is enjoined, to  the extent to which the injunction may be dissolved and that he or she  will also satisfy any modified judgment or order that may be rendered or  made in lieu of it, or so much of it as exceeds the amount left  unenjoined.
      (2)  In other cases,  unless otherwise directed by the court or judge, the bond shall be to  the effect that the party giving it will pay to the party enjoined such  damages as he may sustain if it is finally decided that the injunction  ought not to have been granted.
(f)    (1)  In  case of injunction to stay proceedings upon a judgment or final order,  the officer granting the injunction may authorize a bond to be executed  to the effect that the party obtaining the injunction will pay to the  party enjoined such damages as he or she may sustain if it is finally  decided that the injunction ought not to have been granted.
      (2)  However,  if, at the time the injunction is granted and bond executed, any  execution or attachment has been levied upon the property of the party  obtaining the injunction, the levy shall not be discharged by reason of  the injunction, but it shall remain in full force until the final  decision as to the injunction unless the party obtaining the injunction  shall give bond in the form prescribed by law.
(g)  Sureties  in injunction bonds shall be taken by the clerk, under the same  responsibilities as in other cases of sureties taken by him or her.
(h)    (1)  A  party enjoined may, at any time before judgment, upon reasonable notice  to the party who has obtained the injunction, move the court for  additional security on behalf of the party enjoined.
      (2)  If  it appears on the notice that the surety in the injunction bond has  removed from this state, or is insufficient, the court may vacate the  order of injunction unless in a reasonable time sufficient security is  given.