(a) No temporary restraining order or temporary injunction shall be granted except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. (b) Whenever security is given in the form of a bond or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the court administrator as the surety’s agent upon whom any documents affecting liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the court administrator, who shall forthwith transmit copies to the sureties if their addresses are known.
Minn. R. Civ. P. 65.03
Amended effective July 1, 2015.Advisory Committee Comments-2015 AmendmentsThe amendments to Rule 65.03 are not substantive in nature or intended effect. The replacement of “papers” with “documents” is made throughout these rules, and simply advances precision in choice of language. Most documents will not be filed as “paper” documents, so paper is retired as a descriptor of them. The word “transmit” is used in preference to “mail,” recognizing that many documents will be delivered by electronic or means other than the United States mail.
