Civil Procedure

Civil Procedure A satisfied Microsoft Office User Normal A satisfied Microsoft Office User 3 3 2002-01-10T10:12:00Z 2002-01-10T10:25:00Z 1 198 1133 sc 9 2 1391 9.2720 120

TABLE 4

DIFFERENCES OF COUNTERBONDS IN PROVISIONAL REMEDIES

PROVISIONAL REMEDY

WHETHER IT MAY BE FILED

AMOUNT

UNDERTAKINGS UNDER THE COUNTERBOND

1. Preliminary attachment

Yes

Equal to that fixed by the court in the order of attachment

Payment of any judgment that the attaching party may recover in the action

2. Preliminary injunction

Yes

Discretionary with the court

Pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order

3. Temporary Restraining Order (TRO)

Yes. If a bond was filed by the claimant, then a counterbond may be filed by the adverse party; but if no bond is filed by the former, what the adverse party can file is a bond

Discretionary with the court

Pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order

4. Receivership

Yes

Discretionary with the court

To pay all damages which the applicant may suffer by reason of the acts, omissions, or other matters specified in the application or ground for such appointment

5. Replevin

Yes

Double the value of the property as stated in the plaintiff's affidavit

a. The delivery of the property or its value to the plaintiff if so adjudged; and

b. To pay such damages which the plaintiff may recover against the defendant

6. Alimony Pendente Lite

No

Not applicable

Not applicable