Rule 3.310.Injunctions

MCR 3.310 is the rule to reach for when a case needs a court order now. It separates two forms of relief: the preliminary injunction, which follows a hearing, and the temporary restraining order, which can issue without notice but expires fast.

Preliminary injunctions

Subrule (A)(1) states the baseline: except as a statute or these rules provide otherwise, no injunction issues before a hearing on a motion for a preliminary injunction or on an order to show cause. Subrule (A)(3) makes that motion follow the rules governing other motions unless the court orders otherwise for good cause. Subrule (A)(4) speaks to the hearing on an order to show cause why a preliminary injunction should not issue: the party seeking injunctive relief carries the burden of establishing that the injunction should be issued, whether or not a temporary restraining order has been issued.

Subrule (A)(2) allows the court to advance the trial on the merits and consolidate it with the hearing. Even without consolidation, evidence received at the hearing that would be admissible at trial becomes part of the trial record and need not be repeated, and any right to trial by jury is preserved. Once an injunction is granted, subrule (A)(5) starts a clock: a prompt pretrial conference, trial within 6 months unless good cause is shown or the parties stipulate to a longer period, and a decision within 56 days after trial is completed.

Temporary restraining orders

Subrule (B)(1) sets three conditions for an order granted without notice: specific facts by affidavit or verified complaint showing immediate and irreparable injury from the delay of notice or from the risk that notice itself precipitates adverse action; a written certification from the applicant's attorney about efforts to give notice and why it should be excused; and a permanent record of any nonwritten support.

Subrule (B)(2) requires the order to carry the date and time of issuance, describe the injury and say why it is irreparable and why notice was excused, and, except in domestic relations actions, set a hearing at the earliest possible time. Subrule (B)(3) caps the order, again except in domestic relations actions, at 14 days from entry, extendable for a like period on good cause or for longer with the consent of the restrained party. Under subrule (B)(5) a motion to dissolve takes precedence over all matters except older matters of the same character, may be heard on 24 hours' notice, and puts the burden of justifying continuation on the applicant.

Form, security, and limits

• Subrule (C) requires the order to set forth its reasons, be specific in terms, and describe the restrained acts in reasonable detail rather than by reference to the complaint. It binds only the parties, their officers, agents, servants, employees, and attorneys, and those in active concert or participation with them who receive actual notice of the order.
• Subrule (D) lets the court require security for costs and damages to a party found to have been wrongfully enjoined. The state, and a Michigan county or municipal corporation or its officer or agency acting in an official capacity, are exempt; as to other parties, an order requiring no security must state the reason. Objections to the surety follow MCR 3.604(E) and (F).
• Subrule (E) bars an injunction or restraining order in one action to stay proceedings in another action pending in another court if the relief requested could be sought in that other action.
• Subrule (G) closes the door on judge shopping. Once a circuit judge denies an application in whole or in part, or grants it conditionally, a later application for the same purpose in the same matter may not go to another circuit judge. An order entered in violation is void and must be revoked, and the applicant is subject to contempt.

Two shorter provisions round the rule out. Subrule (H) allows an injunction to be granted before or in connection with final judgment on a motion filed after the action is commenced. Subrule (I) limits the reach of everything above: the rule applies to a special statutory action for an injunction only so far as it does not conflict with the special procedures the statute or the rules governing that action prescribe.