60-905. Temporary injunction; notice, hearing and bond. (a) Notice and hearing. No temporary injunction shall be granted until after reasonable notice to the party to be enjoined and an opportunity to be heard.

(b) Bond. Unless otherwise provided by statute or this section, no temporary injunction shall operate unless the party obtaining the same shall give an undertaking with one or more sufficient sureties in an amount fixed and approved by the judge of the court, securing to the party injured the damages such injured party may sustain including attorney fees if it be finally determined that the injunction should not have been granted. Neither the state nor any of its agencies shall be required to give an undertaking with one or more sufficient sureties in order to be granted a temporary injunction. For any other party, at the discretion of the judge, the undertaking required by this subsection may be waived.

History: L. 1963, ch. 303, 60-905; L. 1988, ch. 214, § 1; L. 1993, ch. 108, § 2; July 1.

Source or Prior Law:

(a). G.S. 1868, ch. 80, § 240; L. 1909, ch. 182, § 252; R.S. 1923, 60-1108.

(b). G.S. 1868, ch. 80, § 242; L. 1909, ch. 182, § 254; R.S. 1923, 60-1110.