Rule 65. Injunctions

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.]

Click here for Advisory Commission Comments to Rules 65.01-65.07.


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