(1) 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 or the officer to whom 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.
Rule 65.05.Restraining order and injunction bond.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceKentucky requires a bond with surety before granting a restraining order or temporary injunction, lets courts enforce the surety's liability by motion rather than a separate suit, and lets a restrained party seek additional security or vacate the order if the bond is insufficient.
Full Text of Rule 65.05
(2) A surety upon a bond under this rule submits himself to the jurisdiction of the court. His 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 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 in a reasonable time sufficient security is given.
Amendment History
(Amended effective April 1, 1963; amended July 5, 1985, effective January 1, 1986.)
Plain-English Summary
A court will not restrain or enjoin someone in Kentucky without money on the table first. Before a restraining order or temporary injunction takes effect, the person asking for it must post a bond backed by a surety. The judge or officer handling the application sets the amount, and the bond must cover the costs and damages the restrained party could suffer if the order later turns out to have been wrong. The bond itself must show the surety's address, so the restrained party knows who stands behind the promise.
Signing that bond pulls the surety into the case. If the restrained party wants to collect on the bond, no separate lawsuit against the surety is needed -- a motion in the same action does the job. The surety still gets fair warning: the motion must be served at least 20 days before the hearing on it, under the rule governing service of papers.
A restrained party who thinks the bond falls short is not stuck with it. That party can move the court for additional security. If the judge agrees the surety or the amount is not enough, the court can order more security within a set time -- and if it does not arrive, the court can lift the restraining order or injunction altogether.
Frequently Asked Questions
Do I have to post a bond to get a restraining order in Kentucky?
Yes. Kentucky courts will not grant a restraining order or temporary injunction unless the applicant first posts a bond with a surety, in an amount the court or officer considers proper, to cover costs and damages if the order turns out to be wrongful.
What happens if the surety on an injunction bond does not pay?
The person harmed by a wrongful restraining order or injunction can go after the surety by motion in the same case, rather than filing a new lawsuit. The surety must be served with that motion at least 20 days before the hearing.
Can I ask the court for a bigger injunction bond?
Yes. A party who has been restrained or enjoined can move the court for additional security. If the judge finds the surety or the bond amount insufficient, the court can require more security, and can vacate the restraining order or injunction if adequate security is not provided in time.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 65.05). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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