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Rule 65A. Injunctions.

(a) Preliminary injunctions.

(a)(1) Notice. No preliminary injunction shallbe issued without notice to the adverse party.

(a)(2) Consolidation of hearing. Before orafter the commencement of the hearing of an application for a preliminaryinjunction, the court may order the trial of the action on the merits to beadvanced and consolidated with the hearing of the application. Even when thisconsolidation is not ordered, any evidence received upon an application for apreliminary injunction which would be admissible at the trial on the meritsbecomes part of the trial record and need not be repeated at the trial. Thissubdivision (a)(2) shall be so construed and applied as to save to the partiesany rights they may have to trial by jury.

(b) Temporary restraining orders.

(b)(1) Notice. No temporary restraining ordershall be granted without notice to the adverse party or that party's attorneyunless (A) it clearly appears from specific facts shown by affidavit or by theverified complaint that immediate and irreparable injury, loss, or damage willresult to the applicant before the adverse party or that party's attorney canbe heard in opposition, and (B) the applicant or the applicant's attorneycertifies to the court in writing as to the efforts, if any, that have beenmade to give notice and the reasons supporting the claim that notice should notbe required.

(b)(2) Form of order. Every temporaryrestraining order shall be endorsed with the date and hour of issuance andshall be filed forthwith in the clerk's office and entered of record. The ordershall define the injury and state why it is irreparable. The order shall expireby its terms within such time after entry, not to exceed 14 days, as the courtfixes, unless within the time so fixed the order, for good cause shown, isextended for a like period or unless the party against whom the order isdirected consents that it may be extended for a longer period. The reasons forthe extension shall be entered of record.

(b)(3) Priority of hearing. If a temporaryrestraining order is granted, the motion for a preliminary injunction shall bescheduled for hearing at the earliest possible time and takes precedence overall other civil matters except older matters of the same character. When themotion comes on for hearing, the party who obtained the temporary restrainingorder shall have the burden to show entitlement to a preliminary injunction; ifthe party does not do so, the court shall dissolve the temporary restrainingorder.

(b)(4) Dissolution or modification. On 48hours? notice to the party who obtained the temporary restraining order withoutnotice, or on such shorter notice to that party as the court may prescribe, theadverse party may appear and move its dissolution or modification. In thatevent the court shall proceed to hear and determine the motion as expeditiouslyas the ends of justice require.

(c) Security.

(c)(1) Requirement. The court shall conditionissuance of the order or injunction on the giving of security by the applicant,in such sum and form as the court deems proper, unless it appears that none ofthe parties will incur or suffer costs, attorney fees or damage as the result ofany wrongful order or injunction, or unless there exists some other substantialreason for dispensing with the requirement of security. No such security shallbe required of the United States, the State of Utah, or of an officer, agency,or subdivision of either; nor shall it be required when it is prohibited bylaw.

(c)(2) Amount not a limitation. The amount ofsecurity shall not establish or limit the amount of costs, including reasonableattorney fees incurred in connection with the restraining order or preliminaryinjunction, or damages that may be awarded to a party who is found to have beenwrongfully restrained or enjoined.

(c)(3) Jurisdiction over surety. A surety upona bond or undertaking under this rule submits to the jurisdiction of the courtand irrevocably appoints the clerk of the court as agent upon whom any papersaffecting the surety's liability on the bond or undertaking may be served. Thesurety's liability may be enforced on motion without the necessity of anindependent action. The motion and such notice of the motion as the courtprescribes may be served on the clerk of the court who shall forthwith mailcopies to the persons giving the security if their addresses are known.

(d) Form and scope. Every restraining order and order granting aninjunction shall set forth the reasons for its issuance. It shall be specificin terms and shall describe in reasonable detail, and not by reference to thecomplaint or other document, the act or acts sought to be restrained. It shallbe binding only upon the parties to the action, their officers, agents,servants, employees, and attorneys, and upon those persons in active concert orparticipation with them who receive notice, in person or through counsel, orotherwise, of the order. If a restraining order is granted without notice tothe party restrained, it shall state the reasons justifying the court'sdecision to proceed without notice.

(e) Grounds. A restraining order or preliminary injunction may issueonly upon a showing by the applicant that:

(e)(1) Theapplicant will suffer irreparable harm unless the order or injunction issues;

(e)(2) Thethreatened injury to the applicant outweighs whatever damage the proposed orderor injunction may cause the party restrained or enjoined;

(e)(3) The orderor injunction, if issued, would not be adverse to the public interest; and

(e)(4) There isa substantial likelihood that the applicant will prevail on the merits of theunderlying claim, or the case presents serious issues on the merits whichshould be the subject of further litigation.

(f) Domestic relations cases. Nothing in this rule shall be construedto limit the equitable powers of the courts in domestic relations cases.

Advisory Committee Notes