Rule 65.Injunctions

Division (A) lets a court grant a temporary restraining order without notice to the adverse party only if specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard, and the applicant's attorney certifies in writing the efforts made to give notice and why notice shouldn't be required. Every such order must be filed immediately with the clerk, define the injury and explain why it's irreparable, state why it was granted without notice, and expire within fourteen days unless extended once for good cause for a like period, or longer with the consent of the party restrained. A restrained party may move on two days' notice, or shorter notice the court sets, to dissolve or modify the order, and the motion must be heard as promptly as justice requires. When a temporary restraining order issues without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time and takes precedence over all other matters except older matters of the same character.

Division (B) governs preliminary injunctions: none may issue without reasonable notice to the adverse party, and the application may be included in the complaint or made by motion. Before or after a preliminary injunction hearing begins, the court may order the trial on the merits advanced and consolidated with that hearing, and evidence received at the preliminary injunction hearing that would be admissible at trial becomes part of the trial record without needing to be repeated, all without limiting either party's right to a jury trial.

Division (C) makes a temporary restraining order or preliminary injunction inoperative until the party who obtained it gives security, in an amount the court fixes, for the costs and damages a wrongfully enjoined or restrained party may sustain -- except that no security is required of this state, a political subdivision, or an officer or agency of either acting in an official capacity. A party may deposit cash or a negotiable government bond with the clerk in place of a bond, and before judgment, an enjoined party may move for additional security on reasonable notice. Anyone who provides security submits to the court's jurisdiction and appoints the clerk as agent for service of any papers affecting liability on the bond.

Division (D) requires every order granting an injunction or restraining order to state the reasons for its issuance, describe with reasonable detail -- not by reference to another document -- the act or acts restrained or required, and bind only the parties, their officers, agents, employees, and attorneys, and anyone in active concert with them who receives actual notice. Division (E) sets the manner of serving temporary restraining orders and injunctions, whether granted ex parte or with notice.