(1) When Authorized. A temporary injunction may be granted during the pendency of an action on motion if it is clearly shown by verified complaint, affidavit, or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action, or the acts of the adverse party will tend to render such final judgment ineffectual.
Rule 65.04.Temporary injunction.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA Kentucky temporary injunction may issue on motion during a pending case when verified evidence clearly shows immediate irreparable injury or that the opponent's acts will make a final judgment ineffectual, takes effect when entered, stays in force until modified, dissolved, or superseded by a ruling on a permanent injunction, and requires written findings of fact and conclusions of law.
Full Text of Rule 65.04
(2) Officers Who May Grant, Modify or Dissolve. A temporary injunction may be granted, modified or dissolved on motion by the judge of the court in which the action is pending, or if he is disqualified or absent from his judicial district, by any circuit judge.
(3) Issuance, Filing and Entry. Every temporary injunction shall be indorsed with the date and hour of issuance, and shall forthwith be filed in the clerk's office and entered.
(4) Binding Effect and Duration. A temporary injunction becomes effective and binding on the party enjoined when the order is entered. It shall remain in force until modified or dissolved on motion or until a permanent injunction is granted or denied.
(5) Findings of Fact and Conclusions of Law. In granting, denying, or modifying a temporary injunction, the court shall set forth findings of fact and conclusions of law which constitute the grounds of its action, as required by Rule 52.01.
Amendment History
(Amended effective June 1, 1960.)
Plain-English Summary
A temporary injunction reaches further than a restraining order because it comes only after the other side has had a chance to respond. Rule 65.04 lets a court grant one, on motion, while a case is pending, when a verified complaint, affidavit, or other evidence clearly shows the movant's rights are being or will be violated and that the movant will suffer immediate and irreparable injury pending final judgment -- or that the opposing party's acts will tend to make that final judgment ineffectual once it's entered.
The motion goes to the judge presiding over the case. If that judge is disqualified or absent from the judicial district, any circuit judge can grant, modify, or dissolve the injunction instead. Once granted, the order must carry the date and hour of issuance and be filed and entered in the clerk's office right away.
A temporary injunction binds the enjoined party from the moment the order is entered -- not from service, as with a restraining order. It stays in force through the life of the case unless a motion changes that: it can be modified or dissolved on motion, and it ends once the court grants or denies a permanent injunction.
Because a temporary injunction can shape a case for its full duration, Rule 65.04 requires the court to put its reasoning on the record. Whether granting, denying, or modifying the injunction, the court must set out findings of fact and conclusions of law explaining the grounds for its action, the same requirement Rule 52.01 imposes elsewhere.
Frequently Asked Questions
What must a party show to get a temporary injunction in Kentucky?
A verified complaint, affidavit, or other evidence must clearly show that the movant's rights are being or will be violated and that the movant will suffer immediate and irreparable injury pending final judgment, or that the adverse party's acts will tend to render that final judgment ineffectual.
When does a Kentucky temporary injunction take effect?
It becomes effective and binding on the enjoined party when the order is entered -- unlike a restraining order, which takes effect at service or notice.
Does a judge have to explain the reasons for granting or denying a temporary injunction?
Yes. In granting, denying, or modifying a temporary injunction, the court must set forth findings of fact and conclusions of law that constitute the grounds for its action, as Rule 52.01 requires.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 65.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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