Rule 65. Injunctions

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.]

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


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