RULE 65. INJUNCTIONS.
Rule 65.01 Injunctive Relief.
Injunctive relief may be obtained by (1) restraining order, (2) temporary injunction, or (3) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act.
Rule 65.02 Requisites of Restraining Order or Injunction - Parties Bound.
(1) Every restraining order or injunction shall be specific in terms and shall describe in reasonable detail, and not by reference to the complaint or other document, the act restrained or enjoined.
(2) Every restraining order or injunction shall be binding upon the parties to the action, their officers, agents and attorneys; and upon other persons in active concert or participation with them who receive actual notice of the restraining order or injunction by personal service or otherwise.
Rule 65.03 Restraining Order.
(1) When Authorized. A restraining order may be granted at the commencement of the action or during the pendency thereof without notice, if it is clearly shown by verified complaint or affidavit that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before notice can be served and a hearing had thereon.
(2) Officers Who May Grant or Dissolve. A restraining order may be granted only by a judge of the court in which the action is pending or is to be filed; provided that if the judge of that court is disqualified, disabled or absent from the county, it may be granted by any judge having statutory power to enjoin or restrain. A restraining order may be dissolved on motion by the judge of the court in which the action is pending, or if he is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction. Before a restraining order may be granted or dissolved by one other than the judge of the court in which the action is pending, or is to be filed, the party applying therefor must show by his affidavit the disqualifications, disability or absence of the judge and the fact that no judge has refused such relief.
(3) Issuance, Signing and Filing. Every restraining order shall be indorsed with the date and hour of issuance, shall be signed by the judge granting it, and shall be forthwith filed in the clerk's office.
(4) Service. A copy of the restraining order for each party to be restrained shall be delivered to a person authorized to serve a summons. Such person shall forthwith serve the order as provided by Rule 4.04 and forthwith make return thereof on the order. If a restraining order is issued at the commencement of an action, a copy shall be served with the summons.
(5) Binding Effect and Duration. A restraining order becomes effective and binding on the party to be restrained at the time of service or when he is informed of the order, whichever is earlier. Every temporary restraining order granted without notice shall expire by its terms within such time after entry, not to exceed fifteen 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.
Rule 65.04 Temporary Injunction.
(1) Notice. No temporary injunction shall be issued without notice to the adverse party.
(2) When Authorized. A temporary injunction may be granted during the pendency of an action if it is clearly shown by verified complaint, affidavit or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss or damage pending a final judgment in the action, or that the acts or omissions of the adverse party will tend to render such final judgment ineffectual.
(3) Officers Who May Grant, Modify or Dissolve. A temporary injunction may be granted, modified or dissolved on motion by a judge of the court in which the action is pending, or if he is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction.
(4) Issuance, Filing and Entry. Every temporary injunction shall be indorsed with the date and hour of issuance, shall be signed by the judge granting it and shall forthwith be filed in the clerk's office and entered.
(5) Binding Effect and Duration. A temporary injunction becomes effective and binding on the party enjoined when the order is entered. It shall remain in force until modified or dissolved on motion or until a permanent injunction is granted or denied.
(6) Findings of Fact and Conclusions of Law. In granting, denying or modifying a temporary injunction, the court shall set forth findings of fact and conclusions of law which constitute the grounds of its action as required by Rule 52.01.
(7) Consolidation of Hearing with Trial on 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 when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subdivision [65.04(7)] shall be so construed and applied as to save to the parties any rights they may have to trial by a jury.
Rule 65.05 Injunction Bond.
(1) Except in such actions as may be brought on pauper's oath, no restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety in such sum as the court to whom the application is made deems proper, for the payment of such costs and damages as may be incurred or suffered by any person who is found to have been wrongfully restrained or enjoined. The address of the surety shall be shown on the bond.
(2) A surety upon a bond under the provisions of this Rule submits himself to the jurisdiction of the court. His liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least twenty (20) days prior to the date of the hearing thereon.
(3) A party restrained or enjoined may move the court for additional security; and if it appear on such motion that the surety is insufficient or the amount of the bond is insufficient, the court may vacate the restraining order or temporary injunction unless within a reasonable time sufficient security is given.
Rule 65.06 Enforcement of Restraining Orders and Injunctions.
Upon a showing by affidavit or other evidence of the breach or threatened breach of a restraining order or injunction, compliance with such order or injunction may be compelled or its disobedience punished as a contempt by a judge of the court in which the action is pending, or if he is disqualified, disabled or absent from the county, by a judge of a court having comparable jurisdiction.
Rule 65.07 Exceptions.
The provisions of this rule shall be subject to any contrary statutory provisions governing restraining orders or injunctions. In domestic relations cases, restraining orders or injunctions may be issued upon such terms and conditions and remain in force for such time as shall seem just and proper to the judge to whom application therefor is made, and the provisions of this rule shall be followed only insofar as deemed appropriate by such judge.