Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 65 governs preliminary injunctions and temporary restraining orders, including notice, duration limits, security, and what an injunction order must contain.
(1)NOTICE. No preliminary injunction shall be issued without notice to the adverse party.
(2)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 (a) (2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.
(b)Temporary restraining order; notice; hearing; duration. A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney only if (1) 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 the adverse party or that party's attorney can be heard in opposition, and (2) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required. Every temporary restraining order granted without notice shall be indorsed 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 entry, not to exceed 10 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. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained a temporary restraining order shall proceed with the application for a preliminary injunction and, if that party does not do so, the court shall dissolve the temporary restraining order. On 2 days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
(c)Security. In all cases, the court, on granting a temporary restraining order or a preliminary injunction or at any time thereafter, may require security or impose such other equitable terms as it deems proper. No such security shall be required of the State or a county, or an officer or agency of the State or a county. The provisions of Rule 65.1 apply to a surety upon a bond or undertaking under this rule.
(d)Form and scope of injunction or restraining order. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
(e)Civil defense and emergency act cases. This rule shall not modify section 128-29 of the Hawai‘i Revised Statutes.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
A preliminary injunction can't issue without notice to the adverse party, though the court may consolidate the preliminary-injunction hearing with the trial on the merits, before or after the hearing starts; even without consolidation, evidence taken at the preliminary hearing that would be admissible at trial becomes part of the trial record without repeating it, all while preserving any right to a jury trial. A temporary restraining order, by contrast, can issue without notice, but only if specific facts in an affidavit or verified complaint show immediate and irreparable injury before the adverse party can be heard, and the applicant's attorney certifies in writing what notice efforts were made and why more wasn't required; every such order must state the date and hour issued, be filed and entered of record immediately, describe the injury and why it's irreparable, and expire within 10 days unless extended for good cause or by the restrained party's consent, with the reasons for any extension entered on the record. Once a restraining order issues without notice, the preliminary injunction motion gets an early hearing, and if the party who obtained the restraining order doesn't pursue it, the court dissolves the order; the restrained party can also move on 2 days' notice (or less, at the court's discretion) to dissolve or modify it.
The court can require security, or impose other equitable terms, when granting a restraining order or preliminary injunction or any time after, except no security is required of the State, a county, or their officers or agencies, and Rule 65.1 governs any surety on such a bond. Every injunction or restraining order must state its reasons, be specific, describe the restrained conduct in reasonable detail without just pointing back to the complaint, and binds only the parties, their agents and attorneys, and others acting in concert with them who get actual notice. This rule doesn't override Hawaii's separate civil defense and emergency act provisions.
Frequently Asked Questions
Can a temporary restraining order be issued without notifying the other side?
Yes, but only if specific facts show immediate and irreparable injury before the other side can be heard, and the applicant's attorney certifies in writing what notice efforts were made.
How long does a temporary restraining order last?
Up to 10 days, unless extended for good cause for a like period, or the restrained party consents to a longer extension, with the reasons for any extension entered on the record.
Does the State have to post security to get an injunction?
No. Rule 65(c) exempts the State, a county, and their officers or agencies from the security requirement.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 65). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:preliminary injunctiontemporary restraining orderTROinjunction bond