Rule 65.Injunctions
Part VIII. Provisional and Final Remedies and Special Procedures · Last verified September 4, 2026
Full Text of Rule 65
Plain-English Summary
Rule 65 keeps three of the civil rule's five subsections. What it deletes is the point.
What is missing
The civil Rule 65 has a subsection (b) headed Preliminary Injunction and a subsection (e) on labor disputes. Both are deleted here. So this ruleset supplies a procedure for a temporary restraining order and a form requirement for any injunction, but no separate procedure for a preliminary injunction. Rule 62(a) and (c) still address injunctions on appeal, and Rule 65(d)'s form requirement applies to "an injunction or restraining order" alike.
The temporary restraining order
A TRO may be granted without written or oral notice only if it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result before the adverse party or their attorney can be heard in opposition. Both halves are required: specific facts, and in a sworn form.
The way out is quick. On two days' notice to the party who obtained the order without notice — or shorter notice if the court prescribes it — the adverse party may appear and move for dissolution or modification, and the court shall proceed to hear and determine that motion as expeditiously as the ends of justice require. The same two-day mechanism appears in Rules 4.1(g) and 4.2(h) for ex parte attachments.
Security, and the personal-liberty exception
Subsection (c) requires security from the applicant, in such sum as the court deems proper, for the costs and damages of a party found to have been wrongfully enjoined or restrained — unless the court for good cause orders otherwise.
Then the exception, which is the domestic relations sentence in this rule: no security is required for an order restraining any restriction on the personal liberty of a person. An order that stops someone from being confined or constrained does not have to be bonded. Rule 65.1 governs any surety who does post a bond.
Form and reach
Unless the court for good cause orders otherwise, an injunction or restraining order shall be specific in terms and shall describe in reasonable detail — and not by reference to the complaint or other document — the acts to be restrained.
It binds only the parties, their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Frequently Asked Questions
Is there a preliminary injunction rule in the domestic relations rules?
Not as a separate subsection. The civil Rule 65(b) on preliminary injunctions is deleted from this ruleset, as is the civil (e) on labor disputes. Rule 65(a) governs temporary restraining orders and Rule 65(d) sets the form and scope requirements for an injunction or restraining order alike.
When can a restraining order issue without notice?
Only if 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 their attorney can be heard in opposition.
How do I get an ex parte restraining order dissolved?
Rule 65(a) allows the adverse party, on two days' notice to the party who obtained the order without notice — or on such shorter notice as the court prescribes — to appear and move its dissolution or modification, and requires the court to hear and determine the motion as expeditiously as the ends of justice require.
Do I have to post a bond?
Generally yes, unless the court for good cause orders otherwise. But Rule 65(c) excepts an order restraining any restriction on the personal liberty of a person, for which no security is required.
Who is bound by an injunction?
Rule 65(d) binds the parties to the action, their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Can an injunction just refer to the complaint?
No. Rule 65(d) requires the order to be specific in terms and to describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained — unless the court for good cause otherwise orders.