file:cvpro_part_3_table4.htm

Benchbook

Civil Procedure

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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