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    Rule 65

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    JUDICIAL_CORRUPTION
    Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders in federal courts. It allows courts to issue preliminary injunctions with or without notice to the opposing party. Temporary restraining orders can be issued without notice for up to 14 days if irreparable injury will occur without it. The rule also requires courts to expedite preliminary injunction hearings if a temporary restraining order was issued without notice. It specifies requirements for the content and scope of injunctions and restraining orders, as well as security that must be provided.

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    Rule 65

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    Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders in federal courts. It allows courts to issue preliminary injunctions with or without notice to the opposing party. Temporary restraining orders can be issued without notice for up to 14 days if irreparable injury will occur without it. The rule also requires courts to expedite preliminary injunction hearings if a temporary restraining order was issued without notice. It specifies requirements for the content and scope of injunctions and restraining orders, as well as security that must be provided.

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    Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders in federal courts. It allows courts to issue preliminary injunctions with or without notice to the opposing party. Temporary restraining orders can be issued without notice for up to 14 days if irreparable injury will occur without it. The rule also requires courts to expedite preliminary injunction hearings if a temporary restraining order was issued without notice. It specifies requirements for the content and scope of injunctions and restraining orders, as well as security that must be provided.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    105 views2 pages

    Rule 65

    Uploaded by

    JUDICIAL_CORRUPTION
    Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders in federal courts. It allows courts to issue preliminary injunctions with or without notice to the opposing party. Temporary restraining orders can be issued without notice for up to 14 days if irreparable injury will occur without it. The rule also requires courts to expedite preliminary injunction hearings if a temporary restraining order was issued without notice. It specifies requirements for the content and scope of injunctions and restraining orders, as well as security that must be provided.

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    Download as PDF, TXT or read online from Scribd
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    8/28/2010 Federal Rules of Civil Procedure - Rule…

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    VIII. PROVISIONA L A ND FINA L REMEDIES > Rule 65. Prev | Next

    Rule 65. Injunctions and Restraining Orders

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    (a) Preliminary Injunction. Notes
    20% of our costs. (1) Notice.
    Law About ... Civil
    The court may issue a preliminary injunction only on notice to the adverse Procedure

    $1.95 party.
    Background Attorneys: reach
    Check (2) Consolidating the Hearing with the Trial on the Merits.
    interested clients by
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    Lowest Price or Before or after beginning the hearing on a motion for a preliminary injunction, sponsoring an LII page
    Your Money the court may advance the trial on the merits and consolidate it with the
    Back. Offer Ends hearing. Even when consolidation is not ordered, evidence that is received
    Soon! on the motion and that would be admissible at trial becomes part of the trial
    www.BeenVerified.com
    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.

    www.law.cornell.edu/…/Rule65.htm 1/2
    8/28/2010 Federal Rules of Civil Procedure - Rule…
    (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.


    (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.

    (f) Copyright Impoundment.


    This rule applies to copyright-impoundment proceedings.

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