Settlement & Response

Every preliminary injunction must be in writing, set out the reasons for its issuance, and be signed by the court. It is binding only on the parties—their officers, agents, servants, and attorneys—and on those in active concert or participation with any of them who receive actual notice of the injunction by personal service or otherwise. The court must give by its terms the date when it expires, unless the court extends it.

(1) Issuance Without Notice. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:

(2) 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 defendant can be heard in opposition;

(3) the movant's attorney certifies in writing any efforts made to give notice and the reasons why notice should not be required.

(4) Contents; Expiration. Every temporary restraining order must state the reasons for its issuance; describe in reasonable detail the act or acts restrained or required; and state its expiration date—no later than 14 days after issuance, unless the defendant agree in writing to a longer period or the court finds good cause for a longer period.

When the court issues a temporary restraining order without notice, it must promptly hold a hearing and determine whether to issue a preliminary injunction. The hearing must begin at the earliest possible time and take precedence over all other matters except divorce matters of the same character.

No restraining order or preliminary injunction issued without 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.

On motion, with notice to the adverse party, the court may dissolve or modify an injunction or restraining order.