RULE 65. INJUNCTIONS
Effective Date: 1/17/1980
Obsolete Date: 7/1/2012
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.
Rule 65 was amended, effective July 1, 1981; July 1, 2012; March 1, 2014; March 1, 2021.
Rule 65 is designed to provide a framework for injunction procedure in North Dakota. It integrates elements of the state's injunction procedure statutes, now superseded, with the federal rule on injunctions, Fed.R.Civ.P. 65, and concepts from injunction rules from other states.
Grounds for granting a permanent injunction are listed in N.D.C.C. § 32-05-04. Grounds for granting a temporary restraining order or preliminary injunction are listed in N.D.C.C. § 32-06-02.
The court should promptly hear and decide a motion to dissolve or modify a temporary restraining order. If the parties stipulate, the court may convert the hearing on the motion to dissolve or modify into the preliminary injunction hearing.
If the parties stipulate, the court may advance the trial and consolidate it with the preliminary injunction hearing. The parties and the court should take care, however, to preserve the right a party may have to a jury trial on issues separate from the issue of injunctive relief.
An opposing party may combine a Rule 65(h)(4) motion for security, or additional or different security, with a Rule 65(a)(7) motion to dissolve or modify a temporary restraining order.
Subdivision (g) was amended, effective March 1, 2014, to include references to permanent injunctions.
Rule 65 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
SOURCES: Joint Procedure Committee Minutes of January 30, 2020, page 25; January 31-February 1, 2013, pages 25-26; April 28-29, 2011, pages 2-8; January 27-28, 2011, pages 2-29; April 29-30, 2010, pages 27-28; January 28-29, 2010, page 14; January 17-18, 1980, pages 5-6.
Statutes Affected:
Superseded: N.D.C.C. §§ 32-06-03, 32-06-04, 32-06-05, 32-06-06, 32-06-07, 32-06-08, 32-06-09, 32-06-10, 32-06-11.
Considered: N.D.C.C. chs. 12.1-31.2, 14-07.1, 31-15, 32-05; §§ 32-06-01, 32-06-02.
CROSS REFERENCE: N.D.R.Civ.P. 11. (Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions)