Rule 65.Injunctions.

Subdivision (a) draws a hard line: a preliminary injunction never issues without notice to the adverse party. The court hears the application on evidence, on affidavits, or on both, as it chooses, and it may advance the trial on the merits and consolidate it with the hearing.

Subdivision (b) is where emergencies live. A temporary restraining order or an order for emergency relief can be granted without notice only when specific facts shown by affidavit make it clear that immediate and irreparable injury, loss or damage will reach the applicant before notice can be served and a hearing held. An order granted that way must be indorsed with the date and hour it issued, filed at once in the clerk's office and entered of record, and it expires by its own terms within the time the court fixes, never more than thirty days. The motion, affidavit and order must be served personally on the adverse party, and if diligent effort fails, the court may order another method.

The rest of subdivision (b) controls what happens next. The court may extend the order by consent or for good cause after hearing argument. The motion gets set down for hearing at the earliest possible time and may be given precedence of all matters except older matters of the same character, and if the party who obtained the order does not go forward at that hearing, the court dissolves it. The adverse party may move to dissolve or modify on two days' notice, or shorter notice the court prescribes, and the court decides that motion as expeditiously as the ends of justice require. Rule 65(b)(5) closes the back door: once one judicial officer denies a request made without notice, it cannot be taken to another absent a material change in circumstances, and the officer who denied it notes that action in the case file.

Subdivision (c) makes security discretionary. The court may require the applicant to post an amount it deems proper to cover costs and damages to a party found to have been wrongfully enjoined or restrained. A surety on that bond submits to the court's jurisdiction and appoints the clerk as its agent for service, and the surety's liability can be enforced by motion without a separate action. Subdivision (d) governs the order itself: specific terms, a reasonable description of the acts restrained or required, binding on parties who receive notice by personal service, on their officers, agents, servants, employees and attorneys, and on anyone acting in concert with them who receives actual notice.