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    Rule 65

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    Rule 65

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    Rule 65

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    Cee

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    Rule 65.

    Injunctions and Restraining Orders


    (a) PRELIMINARY INJUNCTION.
    (1) Notice. The court may issue a preliminary injunction only on
    notice to the adverse party.
    (2) Consolidating the Hearing with the Trial on the Merits. Before
    or after beginning the hearing on a motion for a preliminary
    injunction, the court may advance the trial on the merits and
    consolidate it with the hearing. Even when consolidation is not
    ordered, evidence that is received on the motion and that would be
    admissible at trial becomes part of the trial record and need not be
    repeated at trial. But the court must preserve any party's right to a
    jury trial.
    (b) TEMPORARY RESTRAINING ORDER.
    (1) Issuing Without Notice. The court may issue a temporary
    restraining order without written or oral notice to the adverse party
    or its attorney only if:
    (A) 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 adverse party can be heard in
    opposition; and
    (B) the movant's attorney certifies in writing any efforts made to
    give notice and the reasons why it should not be required.
    (2) Contents; Expiration. Every temporary restraining order issued
    without notice must state the date and hour it was issued; describe
    the injury and state why it is irreparable; state why the order was
    issued without notice; and be promptly filed in the clerk's office and
    entered in the record. The order expires at the time after entry—not
    to exceed 14 days—that the court sets, unless before that time the
    court, for good cause, extends it for a like period or the adverse
    party consents to a longer extension. The reasons for an extension
    must be entered in the record.
    (3) Expediting the Preliminary-Injunction Hearing. If the order is
    issued without notice, the motion for a preliminary injunction must
    be set for hearing at the earliest possible time, taking precedence
    over all other matters except hearings on older matters of the same
    character. At the hearing, the party who obtained the order must
    proceed with the motion; if the party does not, the court must
    dissolve the order.
    (4) Motion to Dissolve. On 2 days’ notice to the party who obtained
    the order without notice—or on shorter notice set by the court—the
    adverse party may appear and move to dissolve or modify the order.
    The court must then hear and decide the motion as promptly as
    justice requires.
    (c) SECURITY. The court may issue a preliminary injunction or a
    temporary restraining order only if the movant gives 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. The United States, its officers, and its agencies are not
    required to give security.
    (d) CONTENTS AND SCOPE OF EVERY INJUNCTION AND RESTRAINING ORDER.
    (1) Contents. Every order granting an injunction and every
    restraining order must:
    (A) state the reasons why it issued;
    (B) state its terms specifically; and
    (C) describe in reasonable detail—and not by referring to the
    complaint or other document—the act or acts restrained or
    required.
    (2) Persons Bound. The order binds only the following who receive
    actual notice of it by personal service or otherwise:
    (A) the parties;
    (B) the parties’ officers, agents, servants, employees, and
    attorneys; and
    (C) other persons who are in active concert or participation with
    anyone described in Rule 65(d)(2)(A)or (B).
    (e) OTHER LAWS NOT MODIFIED. These rules do not modify the following:
    (1) any federal statute relating to temporary restraining orders or
    preliminary injunctions in actions affecting employer and employee;
    (2) 28 U.S.C. §2361, which relates to preliminary injunctions in
    actions of interpleader or in the nature of interpleader; or
    (3) 28 U.S.C. §2284, which relates to actions that must be heard
    and decided by a three-judge district court.

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