Supreme Court Rules - Rule 92 - Rules of Civil Procedure - Rules Relating to Special Actions - Injunctions: Temporary Restraining Order - Notice - Preliminary Injunction - Bond

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	92.02
Subject:	Rule 92 - Rules of Civil Procedure - Rules Relating to Special Actions - Injunctions	Publication / Adopted Date:	June 5, 1980
Topic:	Temporary Restraining Order - Notice - Preliminary Injunction - Bond - Form and Scope	Revised / Effective Date:	January 1, 2010

92.02. Temporary Restraining Order - Notice - Preliminary Injunction - Bond - Form and Scope

(a) Temporary Restraining Order - With Notice.

(1)

When Issued.

The court shall not grant a temporary restraining order unless the party seeking relief demonstrates that immediate and irreparable injury, loss, or damage will result in the absence of relief.

(2)

Proof Required

. A party seeking a temporary restraining order shall support that request with a verified petition or affidavit reciting the specific facts that support the showing required by Rule 92.02(a)(1).

(3)

Required Notice.

Except as provided in Rule 92.02(b), no temporary restraining order shall issue without reasonable notice at least twenty-four hours before the hearing on the motion to the party against whom relief is sought.

(4)

Form.

A temporary restraining order 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 set forth specific facts that support the showing required by Rule 92.02(a)(1).

(5)

Duration.

A temporary restraining order shall expire within such time after entry, not to exceed fifteen days, as the court fixes. The court may extend the order for additional periods, not to exceed fifteen days each, if the party seeking relief shows that the grounds specified in Rule 92.02(a)(1) continue to exist.

(b) Temporary Restraining Order - Without Notice.

(1)

When Issued

. A party seeking a temporary restraining order without notice shall make the showing required under Rule 92.02(a). The court shall not grant a temporary restraining order without prior notice to the party against whom relief is sought unless the party seeking relief establishes that notice cannot be given or notice would defeat the purpose of the order.

(2)

Proof Required.

A party seeking a temporary restraining order without notice shall file a verified petition or affidavit reciting the specific facts that support the showing required by Rule 92.02(b)(1).

(3)

Form.

A 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 set forth specific facts that support the showing required by Rule 92.02(b)(1). A temporary restraining order failing to set forth such specific facts is void ab initio.

(4)

Duration

. A temporary restraining order granted without notice shall expire within such time after entry, not to exceed ten days, as the court fixes. The court may extend the order for additional periods, not to exceed ten days each, after notice to the party against whom relief is sought. The court may dispense with such notice only if the party seeking relief establishes that notice cannot be given to the party against whom relief is sought or notice would defeat the purpose of the order.

(5)

When Set Aside.

On one day's notice to the party who obtained the temporary restraining order without notice, or on such shorter notice as the court may prescribe, the adverse party may appear and move to dissolve or modify the order. At the hearing, the burden shall be upon the party seeking the temporary restraining order to establish a right to relief.

(6)

Sanction for Failure to Provide Required Notice.

If the court finds that a party obtaining a temporary restraining order without notice did not have a reasonable basis to proceed without notice, the party shall be presumed to have acted in bad faith and to have violated

Rule 55.03(c)

. The thirty-day provisions of

Rule 55.03(d)(1)(A

)

shall not apply to proceedings under this Rule 92.02(b)(6).

(1)

Notice.

A preliminary injunction shall not issue unless the party against whom relief is sought is given prior notice and an opportunity to be heard.

(2)

Time.

If a temporary restraining order is in effect for more than thirty days without a hearing on an application for a preliminary injunction, the court shall schedule a hearing at the earliest possible date. The hearing shall take precedence over all other matters except older matters of the same character. The hearing on the application for a preliminary injunction may be delayed past these limits if all parties consent.

(3)

Consolidation With Hearing on the Merits

. At any time the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application for a preliminary injunction. Any evidence received upon an application for a preliminary injunction admissible at the trial on the merits becomes part of the trial record and need not be repeated at the trial. This Rule 92.02(c)(3) shall be so construed and applied to preserve any party's right to trial by jury.

(d) Bond. No injunction or temporary restraining order, unless on final hearing or judgment, shall issue in any case, except in suits instituted by the state in its own behalf, until the plaintiff, or some responsible person for the plaintiff, shall have executed a bond with sufficient surety or sureties to the other party, in such sum as the court shall deem sufficient to secure the amount or other matter to be enjoined, and all damages that may be occasioned by such injunction or temporary restraining order to the parties enjoined, or to any party interested in the subject matter of the controversy, conditioned that the plaintiff will abide by the decision that shall be made thereon and pay all sums of money, damages and costs that shall be adjudged if the injunction or temporary restraining order shall be dissolved. In lieu of the bond the plaintiff may deposit with the court such sum, in cash, as the court may require sufficient to secure such amount.

(e) Form and Scope of Injunction or Temporary Restraining Order. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the petition 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 actual notice of the order by personal service or otherwise.

(Adopted June 5, 1980, eff. Jan. 1, 1981. Amended Dec. 9, 1980, eff. Jan. 1, 1981; Sept. 28, 1993, eff. Jan. 1, 1994; June 17, 1997, eff. Jan. 1, 1998; Dec. 22, 2009, eff. July 1, 2010.)

Committee Note - 1981

Paragraph (a) is the same as Fed.R.Civ.P. 65(a).

Paragraph (b) is the same as Fed.R.Civ.P. 65(b).

Compare: Prior

Rules 92.02

, 92.16 and 92.19.

Paragraph (c) is the same as prior Rule 92.09 except that "temporary" has been added before "restraining order."

Paragraph (d) is the same as Fed.R.Civ.P. 65(d).