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RULE 65. INJUNCTIONS

July 25, 2011

RULE 65.01: INJUNCTIVE RELIEF.

Injunctive relief may be obtained by (1) restraining order, (2) temporary injunction, or (3) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act.

RULE 65.02: REQUISITES OF RESTRAINING ORDER OR INJUNCTION — PARTIES BOUND.

(1) Every restraining order or injunction shall be specific in terms and shall describe in reasonable detail, and not by reference to the complaint or other document, the act restrained or enjoined.

(2) Every restraining order or injunction shall be binding upon the parties to the action, their officers, agents and attorneys; and upon other persons in active concert or participation with them who receive actual notice of the restraining order or injunction by personal service or otherwise.

RULE 65.03: RESTRAINING ORDER.

(1) When Authorized. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:

(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party can be heard in opposition; and

(B) the applicant’s attorney (or pro se applicant) certifies in writing efforts made to give notice and the reasons why it should not be required.

A restraining order may be granted at the commencement of the action or during the pendency thereof without notice, if it is clearly shown by verified complaint or affidavit that the applicant’s rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before notice can be served and a hearing had thereon.

(2) Officers Who May Grant or Dissolve. A restraining order may be granted only by a judge of the court in which the action is pending or is to be filed; provided that if the judge of that court is disqualified, disabled or absent from the county, it may be granted by any judge having statutory power to enjoin or restrain. A restraining order may be dissolved on motion by the judge of the court in which the action is pending, or if this judge is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction. Before a restraining order may be granted or dissolved by one other than the judge of the court in which the action is pending, or is to be filed, the party applying therefor must show by affidavit the disqualifications, disability or absence of the judge and the fact that no judge has refused such relief.

(3) Issuance, Signing and Filing. Every restraining order shall be indorsed with the date and hour of issuance, shall be signed by the judge granting it, and shall be forthwith filed in the clerk’s office.

(4) Service. A copy of the restraining order for each party to be restrained shall be delivered to a person authorized to serve a summons. Such person shall forthwith serve the order as provided by Rule 4.04 and forthwith make return thereof on the order. If a restraining order is issued at the commencement of an action, a copy shall be served with the summons.

(5) Binding Effect and Duration. A restraining order becomes effective and binding on the party to be restrained at the time of service or when the party is informed of the order, whichever is earlier. Every temporary restraining order granted without notice shall expire by its terms within such time after entry, not to exceed fifteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period, or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. [As amended July 1, 1979.]

RULE 65.04: TEMPORARY INJUNCTION.

(1) Notice. No temporary injunction shall be issued without notice to the adverse party.

(2) When Authorized. A temporary injunction may be granted during the pendency of an action if it is clearly shown by verified complaint, affidavit or other evidence that the movant’s rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss or damage pending a final judgment in the action, or that the acts or omissions of the adverse party will tend to render such final judgment ineffectual.

(3) Officers Who May Grant, Modify or Dissolve. A temporary injunction may be granted, modified or dissolved on motion by a judge of the court in which the action is pending, or if this judge is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction.

(4) Issuance, Filing and Entry. Every temporary injunction shall be indorsed with the date and hour of issuance, shall be signed by the judge granting it and shall forthwith be filed in the clerk’s office and entered.

(5) Binding Effect and Duration. A temporary injunction becomes effective and binding on the party enjoined when the order is entered. It shall remain in force until modified or dissolved on motion or until a permanent injunction is granted or denied.

(6) Findings of Fact and Conclusions of Law. In granting, denying or modifying a temporary injunction, the court shall set forth findings of fact and conclusions of law which constitute the grounds of its action as required by Rule 52.01.

(7) Consolidation of Hearing with Trial on Merits. Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subdivision [65.04(7)] shall be so construed and applied as to save to the parties any rights they may have to trial by a jury. [As amended July 1, 1979.]

RULE 65.07: EXCEPTIONS.

The provisions of this rule shall be subject to any contrary statutory provisions governing restraining orders or injunctions. In domestic relations cases, restraining orders or injunctions may be issued upon such terms and conditions and remain in force for such time as shall seem just and proper to the judge to whom application therefor is made, and the provisions of this rule shall be followed only insofar as deemed appropriate by such judge. [As amended July 1, 1979.]

Advisory Commission Comments. The distinctions made in this Rule between restraining orders, temporary injunctions and permanent injunctions have been made in practice by some trial judges and have not been made by others. The Committee felt that uniformity in the handling of these matters was desirable. It was recognized that in the handling of domestic relations cases, some departure from the handling suggested by these rules might be necessary, and the exception stated in Rule 65.07 was made accordingly.

Advisory Commission Comments [2009]. Rule 65.03(1) is rewritten to require in most instances notice to the adverse party before the court issues a temporary restraining order.

See Rule 65.07 on domestic relations cases.

RULE 65A.

RULE 65A: FORM OF SECURITY; PROCEEDINGS AGAINST SURETIES.

Whenever these rules require or permit the giving of a bond or other security, security may be given in any other form the court deems sufficient to secure the other party. Whenever security is given in the form of a bond or other undertaking with one or more sureties, the address of each surety shall be shown on the bond or other undertaking. Each surety submits to the jurisdiction of the court. A surety’s liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided in Rule 5 at least 20 days prior to the hearing thereon. [Added July 1, 1979.]

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