Title 9, Chapter 11, Section 65
( 9-11-65)
(a) Interlocutory injunction. (1) Notice. No interlocutory injunction shall be issued without
notice to the adverse party. (2) Consolidation of hearing with trial on merits. Before or after
the commencement of the hearing of an application for an
interlocutory 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 an
interlocutory injunction which would be admissible upon the trial
on the merits shall become a part of the record on the trial and
need not be repeated upon the trial. This paragraph shall be
construed and applied so as to save any rights of the parties
which they may have to trial by jury. (b) Temporary restraining order; when granted without notice;
duration; hearing; application to dissolve or modify. A temporary
restraining order may be granted without written or oral notice to
the adverse party or his attorney only if: (1) It clearly appears from specific facts shown by affidavit or
by the verified complaint that immediate and irreparable injury,
loss, or damage will result to the applicant before the adverse
party or his attorney can be heard in opposition; and (2) The applicant's attorney certifies to the court, in writing,
the efforts, if any, which have been made to give the notice and
the reasons supporting the party's claim that notice should not be
required. Every temporary restraining order granted without notice shall be
endorsed with the date and hour of issuance, shall be filed
forthwith in the clerk's office and entered of record, and shall
expire by its terms within such time after entry, not to exceed 30
days, as the court fixes, unless the party against whom the order is
directed consents that it may be extended for a longer period. In
case a temporary restraining order is granted without notice, the
motion for an interlocutory injunction shall be set down for hearing
at the earliest possible time and shall take precedence over all
matters except older matters of the same character; when the motion
comes on for hearing, the party who obtained the temporary
restraining order shall proceed with the application for an
interlocutory injunction; and, if he does not do so, the court shall
dissolve the temporary restraining order. On two days' notice to the
party who obtained the temporary restraining order without notice or
on such shorter notice to that party as the court may prescribe, the
adverse party may appear and move its dissolution or modification;
and in that event the court shall proceed to hear and determine the
motion as expeditiously as the ends of justice require. (c) Security. As a prerequisite to the issuance of a restraining
order or an interlocutory injunction, the court may require the
giving of security by the applicant, in such sum as the court deems
proper, for the payment of such costs and damages as may be incurred
or suffered by any party who is found to have been enjoined or
restrained wrongfully. A surety upon a bond or undertaking under
this Code section submits himself to the jurisdiction of the court
and irrevocably appoints the clerk of the court as his agent upon
whom any papers affecting his liability on the bond or undertaking
may be served. His liability may be enforced on motion without the
necessity of an independent action. The motion and such notice of
the motion as the court prescribes may be served on the clerk of the
court, who shall forthwith mail copies to the persons giving the
security if their addresses are known. (d) Form and scope of injunction or restraining order. Every order
granting an injunction and every restraining order shall be specific
in terms; shall describe in reasonable detail, and not by reference
to the complaint or other document, the act or acts sought to be
restrained; and is binding only upon the parties to the action,
their officers, agents, servants, employees, and attorneys, and upon
those persons in active concert or participation with them who
receive notice of the order by personal service or otherwise. (e) When inapplicable. This Code section is not applicable to
actions for divorce, alimony, separate maintenance, or custody of
children. In such actions, the court may make prohibitive or
mandatory orders, with or without notice or bond, and upon such
terms and conditions as the court may deem just. |