Preliminary Injunction and TPO Rules Portion 1

Preliminary Injunction and TPO Rules Portion 1

1. Movant makes a motion for a Preliminary Injunction

   • Is Notice Provided?
     • No Notice Provided Rules
       • Rule 65 Section (b). Temporary Restraining Order Rules
         • Rule 65 Section (b)(1). May issue temporary restraining order without written or oral notice to the adverse party only if:
           • Rule 65 Section (b)(1)(A). Movant Action: Prove immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition
             • AND
               • Rule 65 Section (b)(1)(B). Movant's attorney certifies in writing any efforts made to give notice and the reason why it should not be required.
                 • Security has been paid as required by Rule 65 Section (c).
                   • Temporary Preliminary Injunction Issued by the Court
     • Notice Provided Rules
       • Rule 65 Section (a)(1). Movant Action: Notice issued to the adverse party
         • Preliminary Injunction may be granted after hearing.
           • Rule 65 Section (a)(2). Consolidating the Hearing with the Trial on Merits
             • Consolidation of Trial and Hearing for Preliminary Injunction
               • Court advances trial on "merits" with the hearing being a direct part of the trial.
                 • Hearing for Preliminary Injunction and trial occur simultaneously.
                   • See The Preliminary Injunction Motion Requirements
                     • Motion Granted
                       • Rule 65 Section (c). Security Rule
                         • Movant gives security in an amount the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
                       • Preliminary Injunction Issued
                     • Motion Denied
             • No Consolidation of Trial and Hearing for Preliminary Injunction
               • Preliminary Injunction Hearing Held
                 • Evidence Rule: evidence received for the motion, and would be admissible, becomes part of the trial record.
                   • Right to Jury Trial must be preserved
             • Decision made by the court before or after beginning of the hearing.