15288866
Description
Mind Map by Stephen Young, updated more than 1 year ago
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Created by Stephen Young
over 5 years ago
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Preliminary
Injunction and TPO
Rules Portion 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
- Temporary Preliminary
Injunction Issued by the
Court
- Security has been paid
as required by Rule 65
Section (c).
- 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.
- AND
- 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
- 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). Temporary
Restraining Order Rules
- 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.
- 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
- Rule 65 Section (c). Security
Rule
- Motion Denied
- Motion Granted
- See The
Preliminary
Injunction Motion
Requirements
- Hearing for
Preliminary
Injunction and
trial occur
simultaneously.
- Court advances
trial on "merits"
with the hearing
being a direct
part of the trial.
- 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
- Right to Jury
Trial must be
preserved
- Evidence Rule: evidence
received for the
motion, and would be
admissible, becomes
part of the trial record.
- Preliminary Injunction
Hearing Held
- Decision made by
the court before or
after beginning of
the hearing.
- Consolidation of
Trial and Hearing
for Preliminary
Injunction
- Rule 65 Section (a)(2).
Consolidating the
Hearing with the Trial
on Merits
- Preliminary
Injunction may be
granted after
hearing.
- Rule 65 Section (a)(1).
Movant Action: Notice issued
to the adverse party
- No Notice Provided
Rules
- Is Notice
Provided?
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