{"id":4412,"date":"2017-08-10T03:13:32","date_gmt":"2017-08-10T03:13:32","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4412"},"modified":"2017-08-14T00:04:42","modified_gmt":"2017-08-14T00:04:42","slug":"rule-65-injunctions-and-restraining-orders","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4412","title":{"rendered":"Rule 65 \u2013 Injunctions and Restraining Orders"},"content":{"rendered":"

(a)\u00a0Preliminary Injunction<\/strong>.<\/span><\/p>\n

(1)\u00a0Notice.<\/em>\u00a0The court may issue a preliminary injunction only on notice to the adverse party.<\/span><\/p>\n

(2)\u00a0Consolidating the Hearing with the Trial on the Merits.<\/em>\u00a0Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party\u2019s right to a jury trial.<\/span><\/p>\n

(b)\u00a0Temporary Restraining Order<\/strong>.<\/span><\/p>\n

(1)\u00a0Issuing Without Notice.<\/em>\u00a0The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:<\/span><\/p>\n

(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and<\/span><\/p>\n

(B) the movant\u2019s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.<\/span><\/p>\n

(2)\u00a0Contents; Expiration.<\/em>\u00a0Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk\u2019s office and entered in the record. The order expires at the time after entry\u2014not to exceed 14 days\u2014that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.<\/span><\/p>\n

(3)\u00a0Expediting the Preliminary-Injunction Hearing.<\/em>\u00a0If the order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order.<\/span><\/p>\n

(4)\u00a0Motion to Dissolve.<\/em>\u00a0On 2 days\u2019 notice to the party who obtained the order without notice\u2014or on shorter notice set by the court\u2014the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.<\/span><\/p>\n

(c)\u00a0Security<\/strong>.\u00a0The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. The United States, its officers, and its agencies are not required to give security.<\/span><\/p>\n

(d)\u00a0Contents and Scope of Every Injunction and Restraining Order<\/strong>.<\/span><\/p>\n

(1)\u00a0Contents.<\/em>\u00a0Every order granting an injunction and every restraining order must:<\/span><\/p>\n

(A) state the reasons why it issued;<\/span><\/p>\n

(B) state its terms specifically; and<\/span><\/p>\n

(C) describe in reasonable detail\u2014and not by referring to the complaint or other document\u2014the act or acts restrained or required.<\/span><\/p>\n

(2)\u00a0Persons Bound.<\/em>\u00a0The order binds only the following who receive actual notice of it by personal service or otherwise:<\/span><\/p>\n

(A) the parties;<\/span><\/p>\n

(B) the parties\u2019 officers, agents, servants, employees, and attorneys; and<\/span><\/p>\n

(C) other persons who are in active concert or participation with anyone described in\u00a0Rule 65(d)(2)(A)\u00a0or (B).<\/span><\/p>\n

(e)\u00a0Other Laws Not Modified<\/strong>.\u00a0These rules do not modify the following:<\/span><\/p>\n

(1) any federal statute relating to temporary restraining orders or preliminary injunctions in actions affecting employer and employee;<\/span><\/p>\n

(2)\u00a028 U.S.C. \u00a72361, which relates to preliminary injunctions in actions of interpleader or in the nature of interpleader; or<\/span><\/p>\n

(3)\u00a028 U.S.C. \u00a72284, which relates to actions that must be heard and decided by a three-judge district court.<\/span><\/p>\n

(f)\u00a0Copyright Impoundment<\/strong>.\u00a0This rule applies to copyright-impoundment proceedings.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0Preliminary Injunction. (1)\u00a0Notice.\u00a0The court may issue a preliminary injunction only on notice to the adverse party. (2)\u00a0Consolidating the Hearing with the Trial on the Merits.\u00a0Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation … Continue reading Rule 65 \u2013 Injunctions and Restraining Orders<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5043,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4412","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4412","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4412"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4412\/revisions"}],"predecessor-version":[{"id":5048,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4412\/revisions\/5048"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5043"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}