Rule 506.Injunctions and Restraining Orders

Rule 506 sits beside Rule 505: the same emergency machinery, aimed at conduct rather than at the family's interim arrangements.

Preliminary injunction

Only on notice to the adverse party. Before or after beginning the hearing, the court may advance the trial on the merits and consolidate it with the hearing — and even without consolidation, evidence received on the motion that would be admissible at trial becomes part of the trial record and need not be repeated.

Temporary restraining order

Available without notice only where specific facts in an affidavit or verified motion clearly show immediate and irreparable injury before the responding party can be heard, and the moving party certifies in writing the efforts made to give notice and why it should not be required.

Every such order must state the date and hour it was issued, describe the injury and why it is irreparable, state why it issued without notice, and be promptly filed and entered. It expires when the court sets, not to exceed 14 days, extendable for good cause for a like period or by the responding party's consent — and the reasons for an extension must be entered in the record. The preliminary injunction hearing takes precedence over all but older matters of the same character, the party who obtained the order must proceed or the court must dissolve it, and the responding party may move to dissolve on 2 days' notice.

Security

The court may issue either only if the moving party gives security in an amount the court considers proper to pay the costs and damages — including reasonable attorney fees — sustained by a party found to have been wrongfully enjoined. Idaho, its political subdivisions, officers and agencies are exempt.

Contents, and who is bound

Every injunction and restraining order must state the reasons it issued, state its terms specifically, and describe in reasonable detail — not by referring to the petition or another document — the acts restrained or required. An order that says "as set forth in the petition" does not comply.

It binds only those who receive actual notice by personal service or otherwise: the parties; their officers, agents, servants, employees and attorneys; and other persons in active concert or participation with them.

Grounds, and the possession writ

Five grounds: the petition shows entitlement to relief consisting of restraint; the petition or affidavit shows that an act during the litigation would produce waste, or great or irreparable injury; the responding party is doing or about to do an act violating the moving party's rights that may make the judgment ineffectual; affidavit shows the responding party is about to remove or dispose of property with intent to defraud; or the responding party seeks the same relief on a counterclaim.

Finally, the district court may issue a writ of injunction with the force of a writ of restitution, restoring possession of real property taken by force, violence, fraud or stealth, or held by threats where possession was taken on a Sunday, a legal holiday, at night, or while the possessor was temporarily absent. It settles only the right of possession, and issues only on 7 days' written notice.