Group VIII: Provisional and Final Remedies · Last amended March 1, 2019 · Last verified July 14, 2026
(a) Preliminary Injunction.
(1) Notice. The court may issue a preliminary injunction only on notice to the adverse party.
(2) Consolidating the Hearing With the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party’s right to a jury trial.
(b) Temporary Restraining Order.
(1) Issuing Without Notice. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.
(2) Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk’s office and entered in the record. The order expires at the time after entry—not to exceed 14 days—that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.
(3) Expediting the Preliminary-Injunction Hearing. If the order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order.
(4) Motion to Dissolve. On 2 days’ notice to the party who obtained the order without notice—or on shorter notice set by the court—the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.
(c) Security. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. The State, its officers, and its agencies are not required to give security.
(d) Contents and Scope of Every Injunction and Restraining Order.
(1) Contents. Every order granting an injunction and every restraining order must:
(A) state the reasons why it issued;
(B) state its terms specifically; and
(C) describe in reasonable detail—and not by referring to the complaint or other document—the act or acts restrained or required.
(2) Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise:
(A) the parties;
(B) the parties’ officers, agents, servants, employees, and attorneys; and
(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B).
(1) When Inapplicable. This rule is not applicable to actions for divorce, alimony, separate maintenance, or custody of children. In such actions, the court may make prohibitive or mandatory orders, with or without notice or bond, as may be just.
(2) Other Laws Not Modified. These rules supplement and do not modify statutory injunction provisions.
Amended eff. 9-27-71; Amended eff. 1-1-05; Amended eff. 3-1-19.
Rule 65 covers two related but distinct tools for stopping harm before a case is fully tried: the preliminary injunction and the temporary restraining order, often called a TRO. A preliminary injunction requires notice to the other side and typically follows a hearing where both parties can argue over whether the harm is real and irreparable. A TRO is the emergency version — a court can issue one without notice at all, but only when the person asking for it shows through an affidavit or verified complaint that waiting for the other side to respond would cause immediate and irreparable harm, and only after the requesting attorney explains in writing why notice was not given.
Because a TRO issued without notice is a serious step, Rule 65 hems it in tightly. The order must spell out when it was issued, why the harm is irreparable, and why notice was skipped. It expires within 14 days unless the court extends it for good cause or the other side agrees to a longer period, and the case must move immediately toward a hearing on a preliminary injunction, with the party who obtained the order bound to pursue it or see it dissolved. The party who was shut out can also ask the court to dissolve or modify the order on short notice, so the imbalance does not last long.
Rule 65 also sets ground rules that apply to any injunction or restraining order, however it was issued. The requesting party ordinarily must post security to cover costs and damages if the order turns out to have been wrongful, though the State and its agencies are excused from that requirement. Every order must state its reasons, describe specifically what conduct is required or forbidden, and it binds only the parties, their agents and attorneys, and others acting in concert with them, not the world at large. Family law cases involving divorce, custody, or support fall outside the rule, and nothing in it displaces Nevada statutes that separately authorize injunctions.