DocketX / Legal issues / Temporary restraining orders and injunctions
Emergency relief exists, but every word of the order and the bond is governed by rule. Below are the controlling rules, quoted word for word — the same text our citation gate verifies against — so you can read what actually governs instead of a paraphrase.
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
In the order granting any temporary restraining order or temporary injunction, the court shall fix the amount of security to be given by the applicant. Before the issuance of the temporary restraining order or temporary injunction the applicant shall execute and file with the clerk a bond to the adverse party, with two or more good and sufficient sureties, to be approved by the clerk, in the sum fixed by the judge, conditioned that the applicant will abide the decision which may be made in the cause, and that he will pay all sums of money and costs that may be adjudged against him if the restraining order or temporary injunction shall be dissolved in whole or in part. Where the temporary restraining order or temporary injunction is against the State, a municipality, a State agency, or a subdivision of the State in its governmental capacity, and is such that the State, municipality, State agency, or subdivision of the State in its governmental capacity, has no pecuniary interest in the suit and no monetary damages can be shown, the bond shall be allowed in the sum fixed by the judge, and the liability of the applicant shall be for its face amount if the restraining order or temporary injunction shall be dissolved in whole or in part. The discretion of the trial court in fixing the amount of the bond shall be subject to review. Provided that under equitable circumstances and for …
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
When the petition, order of the judge and bond have been filed, the clerk shall issue the temporary restraining order or temporary injunction, as the case may be, in conformity with the terms of the order, and deliver the same to the sheriff or any constable of the county of the residence of the person enjoined, or to the applicant, as the latter shall direct. If several persons are enjoined, residing in different counties, the clerk shall issue such additional copies of the writ as shall be requested by the applicant. The clerk must retain a copy of the temporary restraining order or temporary injunction in the court’s file.
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
PROCEEDINGS .................................................................................................................... 316 RULE 680. TEMPORARY RESTRAINING ORDER ....................................................... 318 RULE 681. TEMPORARY INJUNCTIONS: NOTICE ..................................................... 318 RULE 682. SWORN PETITION .......................................................................................... 318 RULE 683. FORM AND SCOPE OF INJUNCTION OR RESTRAINING ORDER ..... 318 RULE 684. APPLICANT'S BOND ....................................................................................... 319 RULE 685. FILING AND DOCKETING ............................................................................ 319 RULE 686. CITATION .......................................................................................................... 319 RULE 687. REQUISITES OF WRIT ................................................................................... 320 RULE 688. CLERK TO ISSUE WRIT ................................................................................ 320 RULE 689. SERVICE AND RETURN ................................................................................. 321 RULE 690. THE ANSWER ................................................................................................... 320 RULE 691. BOND ON DISSOLUTION...................…
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
No temporary restraining order shall be granted without notice to the adverse party unless 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 notice can be served and a hearing had thereon. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after signing, not to exceed fourteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. No more than one extension may be granted unless subsequent extensions are unopposed. In case a temporary restraining order is granted without notice, the application for a temporary injunction shall be set down for hearing at the earliest possible date and takes precedence of all matters except older matters of the same character; and when the application comes on for hearing the party who obtained the temporary restrainin…
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Rule text is reproduced verbatim from official sources as held in the DocketRouter corpus; rules are amended, so always confirm against the linked official source before filing. Not legal advice and not a law firm. If you can get a lawyer or free legal aid, do.