TITLE EIGHT — PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEDURES
Rule 47. Injunctions
Temporary Restraining Order Without Notice.
Findings Required. A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if:
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 that party’s attorney can be heard in opposition; and
the applicant certifies in writing the efforts made to give notice and the reasons why notice should not be required, or certifies the specific facts showing that notice would itself defeat the relief sought.
Contents; Recording; Duration. Every temporary restraining order granted without notice shall state the date and hour, in Coordinated Universal Time, at which it was issued; shall define the injury and state why it is irreparable; shall state why the order issued without notice; and shall be entered upon the docket by the Clerk immediately upon issuance. The order expires at the time set by the court, which shall not exceed seventy-two (72) hours from issuance. The court may extend the order once, for a period not exceeding a further seventy-two (72) hours, for good cause stated in the record, or for a longer period to which the party restrained consents.
Expediting the Hearing. Where a temporary restraining order issues without notice, the motion for a preliminary injunction shall be set for hearing at the earliest possible time and takes precedence over every other matter on the court’s calendar except a matter of the same character. If the applicant does not proceed with the motion when it is called for hearing, the court shall dissolve the order.
Motion to Dissolve or Modify. On twenty-four (24) hours’ notice to the applicant, or on such shorter notice as the court sets, the party restrained may move to dissolve or modify the order. The court shall hear and decide the motion as promptly as justice requires.
Preliminary Injunction.
Notice. No preliminary injunction shall be issued without notice to the adverse party. Notice is sufficient where the motion has been accepted for filing and served by the electronic filing system, or where the movant has given notice in the proceeding communications of the case and the court finds the adverse party had actual notice and a fair opportunity to be heard.
Grounds. The court shall grant a preliminary injunction only where the movant establishes:
a substantial likelihood of success on the merits;
that the movant will suffer irreparable injury for which damages are an inadequate remedy if the injunction is denied;
that the threatened injury to the movant outweighs the harm the injunction would cause the party restrained; and
that the injunction is not adverse to the public interest.
Consolidation of Hearing With Trial on the Merits. Before or after the commencement of the hearing of an application for a preliminary 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 where consolidation is not ordered, evidence received upon an application for a preliminary injunction that would be admissible at trial becomes part of the trial record and need not be repeated at trial. This subdivision shall be applied so as to preserve any right to trial by jury that Rule 27.1 makes available.
Permanent Injunction. A permanent injunction is granted only upon final adjudication of the merits and shall be set forth in the judgment. It is not subject to the duration limits of subdivision (1) of this rule. Where a statute directs the entry of a permanent restraining order, including 7 R. Stat. § 122.101 and 7 R. Stat. § 121.402(a), the court shall enter it in the form and to the extent the statute prescribes.
Form and Scope of Injunction or Restraining Order.
Form. Unless the court, for good cause shown, otherwise orders, an injunction or 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 or required; shall state the date and hour of issuance in Coordinated Universal Time; and shall state its duration.
Persons Bound. An injunction or restraining order binds only the parties to the action, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by service or otherwise. Delivery of the order to a person in the proceeding communications of the case, or by direct message to that person’s account, constitutes actual notice for the purposes of this subdivision.
Enforcement. An injunction or restraining order is enforced against a person by civil contempt under Rule 53. A person who is not a party and against whom obedience may lawfully be enforced is liable to the same process under Rule 52. Willful disobedience of the terms of the order as written is also punishable under R.C.C. § 1.08.
Directions to the Sheriff. Where the act restrained or required can be effected only through an act in the State’s game mechanics, the court may direct the Sheriff to take the steps necessary to give the order effect, as process directed to the Sheriff under 9 R. Stat. § 331.202(e). The court shall not order an act that no person subject to its process is able to perform.
Security.
Requirement. Unless the court, for good cause shown, otherwise orders, no restraining order or preliminary injunction shall issue except upon 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 wrongfully enjoined or restrained.
Form of Security. Security shall be given in the manner the Clerk is able to receive and account for, and the Clerk shall note its receipt upon the docket. The court shall not condition relief upon a form of security the Clerk has no means to receive.
Exemptions. No security shall be required of the State, a county, a municipality, or an agency, department, or officer thereof sued in an official capacity, nor of a party proceeding upon a claim under 7 R. Stat. § 122.101, nor of a party whose fees have been waived.
Proceedings Against a Surety. A person who gives security submits to the jurisdiction of the court and irrevocably appoints the Clerk as an agent to receive service of any paper affecting the security. The liability may be enforced on motion in the action without an independent action.
Relief That Shall Not Be Ordered.
Apologies. No court shall provide any injunctive relief of apologies, letters of regret, or repentance, as provided by 7 R. Stat. § 122.001. A stipulation or settlement of the parties providing for such an act shall not be embodied in an order or decree of the court.
Judicial Officers. In an action brought against a judicial officer for an act or omission taken in that officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable, as provided by 7 R. Stat. § 121.403.
Beyond the Record. No injunction shall extend to conduct not put in issue by the pleadings or to persons over whom the court has no jurisdiction.
The State; the Solicitor General.
Duty to Defend. The Solicitor General shall defend all proceedings against government officers in their official capacities, as provided by 7 R. Stat. § 122.005, and may intervene as provided by 7 R. Stat. § 122.007.
Refusal to Defend. Where the Solicitor General refuses to defend an agent of the government under 7 R. Stat. § 122.008, the refusal shall be filed in the action and entered upon the docket. Qualified immunity shall not thereafter be a valid affirmative defense, as provided by 7 R. Stat. § 122.009.
Relief Provided by the Solicitor General. Where the Solicitor General refuses to defend and the torts alleged arise under 7 R. Stat. § 122.101, the Solicitor General shall provide the relief as requested within the bounds of state statute and the Constitution, as provided by 7 R. Stat. § 122.010. Upon the Solicitor General’s filing of a statement identifying the relief provided, and upon the court’s satisfaction that the relief is within state statute and the Constitution, the court shall dismiss with prejudice all claims to which the relief responds, as provided by 7 R. Stat. § 122.011.
Equitable Liability of the Agent. Where the Solicitor General refuses to defend an agent of the government, that agent shall be liable for the equitable offenses in an official capacity, and the government shall cease to be a party to and to have an interest in the case, as provided by 7 R. Stat. § 122.012. The court shall enter an order reflecting the government’s departure from the case, and the Clerk shall amend the docket accordingly.
Protective Orders. An order entered under Rule 19 limiting the disclosure or use of information binds the persons to whom it is directed and is enforced under Rule 53. Because the electronic filing system provides no sealing of an individual document and no redaction of a document once received, a protective order shall operate upon persons and shall not purport to direct the removal, alteration, or concealment of any document already accepted for filing.
Modification and Dissolution. On motion of a party, or on the court’s own initiative after notice and hearing, the court may modify or dissolve an injunction where the circumstances that supported it have changed, where it is no longer equitable that the injunction have prospective application, or where the injunction has been satisfied. A motion to modify or dissolve does not suspend the injunction unless the court so orders.
Appeal. Rule 44(3) governs an injunction pending appeal. An order granting, dissolving, or denying an injunction is reviewable as the Ridgeway Rules of the Supreme Court provide.