Eighth Judicial Court Rules

Rule 5.20 – Preliminary injunctions and temporary restraining orders.

Rule 5.20. Preliminary injunctions and temporary restraining orders.

  • (a) Rule 2.10 governs all requests for temporary restraining orders and preliminary injunctions except for orders or injunctions issued under Rule 5.21 (residences), 5.22 (domestic violence) or 5.85 (joint preliminary injunction).

    (b) Any evidence received upon an application for a preliminary injunction which would be admissible at the trial on the merits or any hearing to resolve parent-child issues becomes part of the record on the trial or hearing and need not be repeated at the trial or hearing.

    (c) A motion for a temporary restraining order or preliminary injunction must be supported by an affidavit upon personal knowledge setting forth in detail the facts in justification of such relief.

    (d) Ex parte motions for restraining orders granting temporary relief on matters involving property, custody, visitation and support of children, spousal support or any other issue not governed by Rule 5.21, 5.22 or 5.85 will be considered only in cases of extreme emergency.

    (e) Ex parte motions must be supported by an affidavit upon personal knowledge describing in detail the facts constituting the urgency and a certification in writing by the moving parties’ attorney of the efforts, if any, which have been made to give notice to the adverse party and the reasons supporting the claim that notice should not be required.

    (f) Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; state why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 30 days, as the court fixes, unless within such 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 to an extension for a longer period. The reasons for the extension shall be entered of record.

    (g) In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set for hearing at the earliest possible time. When the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order.

    (h) On 10 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 for its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

    (i) Form and scope of injunction or restraining order:

    (1) Every order granting an injunction and every restraining order shall set forth with specificity the reasons for its issuance, and shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained. The order is binding on the parties to the action, their officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

    (2) No temporary restraining order may be granted unless coupled with an order fixing the time for hearing a motion for preliminary injunction.

    (3) Orders granting a preliminary injunction or temporary restraining orders must fix the time within which the restraining order, if any, and all pleadings, affidavits and briefs in support of the restraining order and the motion for preliminary injunction must be served on the adverse party, and the time for filing of the adverse party’s opposition, counter-affidavits and briefs.

    [Amended; effective August 21, 2000.]