RULE 65. INJUNCTIONS AND RESTRAINING ORDERS
The procedure for granting restraining orders and temporary and permanent injunctions shall be as provided by statute. To the extent that the statute is silent on procedure, these rules apply.
(a) Temporary Injunctions.
(1) By Order; In What Cases Granted. An injunction order may be granted by the court in the following cases:
(A) when the complaint shows the plaintiff is entitled to the relief demanded, and the relief, in whole or in part, consists of restraining the commission or continuance of an act that would cause injury to the plaintiff during the litigation;
(B) when the defendant’s actions during the litigation violate the plaintiff’s rights regarding the subject of the action and would render the judgment ineffectual; or
(C) when, while an action is pending, an affidavit shows that the defendant threatens, or is about to remove or dispose of the defendant’s property, with intent to defraud the defendant’s creditors.
(2) In What Cases Not Granted. An injunction cannot be granted:
(A) to stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless an injunction is necessary to prevent multiple proceedings;
(B) to stay proceedings in a court of the United States;
(C) to stay proceedings in any other state on a judgment of a court of that state;
(D) to prevent the execution of a public statute by officers of the law for the public benefit;
(E) to prevent the breach of a contract, the performance of which could not be specifically enforced;
(F) to prevent the exercise of a public or private office in a lawful manner by the person in possession; and
(G) to prevent a legislative act by a municipal corporation.
(3) When Granted; Limitation.
(A) An injunction may be granted at the time the action is commenced, or at any time before judgment, if an affidavit from the plaintiff or any other person shows that sufficient grounds exist for granting an injunction.
(B) A copy of the affidavit must be served with the injunction order.
(C) Upon the defendant’s demand, a hearing on whether the injunction was proper or should be made permanent must be held no later than six months after the injunction was granted.
(4) Granted After Answer. An injunction may not be granted after the defendant has answered except on notice or on an order to show cause, but the defendant may be enjoined until the court’s decision granting or refusing the injunction.
(5) Security; Damages. The court must require a written undertaking by the plaintiff, with or without sureties, that the plaintiff will pay to the enjoined party damages, not exceeding an amount specified by the court, that the party may sustain by reason of the injunction, if the court ultimately decides the plaintiff was not entitled to the injunction.
(6) Order to Show Cause. The court may issue an order to show cause specifying a time for the defendant to be heard as to why the injunction should not be granted, but the defendant may be enjoined until the hearing.
(7) Against Corporation or Limited Liability Company. An injunction to suspend the general and ordinary business of a corporation or limited liability company may not be granted without due notice of the application to the proper officer of the corporation or to the proper manager of the limited liability company, except when the state is a party to the action.
(8) Application to Vacate; When Granted Without Notice.
(A) If an injunction is granted without due notice by the court in which the action is brought, the defendant may apply to vacate or modify the injunction before trial.
(B) The application may be made on the complaint and the affidavits on which the injunction was granted or on the defendant’s affidavits, with or without the answer.
(C) If the application to vacate an injunction is made on the defendant’s affidavits, but not otherwise, the plaintiff may oppose the application by affidavit or other proofs in addition to those on which the injunction was granted.
(b) Permanent Injunction. A permanent injunction may be granted to prevent the breach of an obligation existing in favor of the applicant:
(1) when damages would not afford adequate relief;
(2) when it would be extremely difficult to ascertain the amount of damages that would afford adequate relief;
(3) when the restraint is necessary to prevent multiple judicial proceedings; or
(4) when the obligation arises from a trust.
(c) Restraining Orders
(1) When Granted. A restraining order, or an order to show cause in the nature of a restraining order, may not be granted ex parte or without a hearing, unless it is shown in the moving papers that there exists such an exigency or occasion requiring the immediate granting of an order so that the rights of the parties may be preserved.
(2) Orders to Show Cause; Motions.
(A) At the hearing on an application for a restraining order, an order to show cause, or a motion, oral testimony will not be received unless the court directs otherwise.
(B) The moving party must have the opening and closing of the argument.
(C) If either party fails to appear, the court must proceed to hear or to dismiss, as appropriate.
Rule 65 was amended, effective ________________.
This rule differs substantially from Rule Fed.R.Civ.P. 65, FRCivP.
Chapters 32-05 and 32-06, N.D.C.C., generally govern the procedure for the issuance of injunctions and restraining orders.
Rule 65 was amended, effective _______________, to incorporate statutory procedure into the rule.
Sources: Joint Procedure Committee Minutes of ________________; January 28-29, 2010, page 14; January 17-18, 1980, pages 5-6.
Superseded: N.D.C.C. §§ 32-05-04, 32-05-05, 32-06-01, 32-06-02, 32-06-03, 32-06-04, 32-06-05, 32-06-06, 32-06-07, 32-06-08, 32-06-09, 32-06-10, 32-06-11.