K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-905 (2026)

Temporary injunction; notice, hearing and bond

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1979–2026 · leading case: State ex rel. Schmidt v. Nye, 440 P.3d 585 (Kan. Ct. App. 2019).
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State ex rel. Schmidt v. Nye, 440 P.3d 585 (Kan. Ct. App. 2019). · cites it 25× “Defendants indicated they did not object to voluntary dismissal but noted that allowing the State to do so before Defendants had an opportunity to present the court with various motions related to the litigation (including but not limited to their forthcoming motion for costs…”
Idbeis v. Wichita Surgical Specialists, P.A., 173 P.3d 642 (Kan. 2007). · cites it 17× “: This appeal raises an issue of first impression; When a party who receives a temporary injunction and posts an injunction bond does not ultimately prevail in the action, is the party hable under K.S.A. 60-905(b) for the attorney fees and expenses incurred by the opposing…”
Padron v. Lopez, 220 P.3d 345 (Kan. 2009). · cites it 2× “60-903 or K.S.A. 60-905 and that those statutes required Padrón to post a bond in Kansas.”
Chee-Craw Teachers Ass'n v. Unified Sch. Dist. No. 247, 593 P.2d 406 (Kan. 1979). · cites it 3× “00 surety bond, pursuant to K.S.A. 60-905. The Board duly filed its notice of appeal from the portions of the court’s decision adverse to it.”
Wing v. The City of Edwardsville, 341 P.3d 607 (Kan. Ct. App. 2014). · cites it 4× “It claims it didn’t receive notice of the injunction and that the employees didn’t post a bond as required under K.S.A. 60-905. That statute requires reasonable notice before a temporary injunction is issued and, in most cases, a bond to protect the enjoined party in the event…”
Balmer Fund, Inc. v. City of Harper, 294 F. Supp. 3d 1136 (D. Kan. 2018). · cites it 2× “" K.S.A. § 60-905(a). Here, after Plaintiffs filed their Petition, the parties agreed to specific terms to govern their dispute going forward and the Court issued an order adopting those terms.”
Brady Fluid Serv., Inc. v. Jordan, 972 P.2d 787 (Kan. Ct. App. 1998). · cites it 3× “In this case, the trial court waived the bond and no bond was filed prior to the issuance of the preliminary injunction and restraining order.”
Unified Sch. Dist. No. 503 v. McKinney, 689 P.2d 860 (Kan. 1984). “K.S.A. 60-905(b) provides: “Unless otherwise provided by statute, 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 by the judge and approved by the clerk of the court,…”
Kansas East Conf. of the United Methodist Church, Inc. v. Bethany Med. Ctr., Inc., 969 P.2d 859 (Kan. 1998). · cites it 2× “Although K.S.A. 60-905(a) requires notice and an opportunity to be heard before imposition of a temporary injunction, the Conference’s argument continues, 60-901 does not have similar requirements for permanent injunctions.”
DeBey v. Schlaefli, 437 P.3d 1011 (Kan. Ct. App. 2019). “Once again, substantial competent evidence supports the district court's findings of equitable estoppel of Schlaeflis from denying an easement to DeBeys for purposes of filling and otherwise utilizing the bulk seed tanks. Attorney fees Schlaeflis' next claim on appeal is that…”
Omni Outdoor Advert. of Missouri, Inc. v. City of Topeka, 734 P.2d 1133 (Kan. 1987). · cites it 3× “It also contends that evidence of exactly when and how the City determined what would constitute compliance with the ordinance is a very important fact which was not available to the court and could be obtained only through discovery which Omni intended to conduct prior to trial…”
Jennings v. Shauck, 547 P.3d 524 (Kan. 2024). · cites it 2× “See K.S.A. 60-905; Fed. R. Civ. Proc. 65(a)(2).”
Show all 19 citing cases →
— K.S.A. § 60-905(a) — 5 cases
Balmer Fund, Inc. v. City of Harper, 294 F. Supp. 3d 1136 (D. Kan. 2018). “" K.S.A. § 60-905(a). Here, after Plaintiffs filed their Petition, the parties agreed to specific terms to govern their dispute going forward and the Court issued an order adopting those terms.”
Kansas East Conf. of the United Methodist Church, Inc. v. Bethany Med. Ctr., Inc., 969 P.2d 859 (Kan. 1998). “Although K.S.A. 60-905(a) requires notice and an opportunity to be heard before imposition of a temporary injunction, the Conference’s argument continues, 60-901 does not have similar requirements for permanent injunctions.”
St. David's Episcopal Church v. Westboro Baptist Church, Inc., 921 P.2d 821 (Kan. Ct. App. 1996).
State Ex Rel. Morrison v. Price, 172 P.3d 561 (Kan. 2007).
Modern Wealth Mgmt. v. Jones (Kan. Ct. App. 2026).
— K.S.A. § 60-905(b) — 8 cases
Idbeis v. Wichita Surgical Specialists, P.A., 173 P.3d 642 (Kan. 2007). “: This appeal raises an issue of first impression; When a party who receives a temporary injunction and posts an injunction bond does not ultimately prevail in the action, is the party hable under K.S.A. 60-905(b) for the attorney fees and expenses incurred by the opposing…”
State ex rel. Schmidt v. Nye, 440 P.3d 585 (Kan. Ct. App. 2019). “Defendants indicated they did not object to voluntary dismissal but noted that allowing the State to do so before Defendants had an opportunity to present the court with various motions related to the litigation (including but not limited to their forthcoming motion for costs…”
Brady Fluid Serv., Inc. v. Jordan, 972 P.2d 787 (Kan. Ct. App. 1998). “In this case, the trial court waived the bond and no bond was filed prior to the issuance of the preliminary injunction and restraining order.”
Unified Sch. Dist. No. 503 v. McKinney, 689 P.2d 860 (Kan. 1984). “K.S.A. 60-905(b) provides: “Unless otherwise provided by statute, 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 by the judge and approved by the clerk of the court,…”
Wing v. The City of Edwardsville, 341 P.3d 607 (Kan. Ct. App. 2014). “It claims it didn’t receive notice of the injunction and that the employees didn’t post a bond as required under K.S.A. 60-905. That statute requires reasonable notice before a temporary injunction is issued and, in most cases, a bond to protect the enjoined party in the event…”
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