State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-2_4

§19‑2.4.  Notice of hearing on preliminary injunction; consolidation.

A copy of the complaint,together with a notice of the time and place of the hearing of the applicationfor a preliminary injunction, shall be served upon the defendant at least fivedays before such hearing. The place may also be served by posting such papersin the same manner as is provided for in G.S. 19‑2.3 in the case of atemporary restraining order. If the hearing is then continued at the instanceof any defendant, the temporary restraining order may be continued as a matterof course until the hearing.

Before or after thecommencement of the hearing of an application for a preliminary injunction, thecourt, on application of either of the parties or on its own motion, may orderthe trial of the action on the merits to be advanced and consolidated with thehearing on the application for the preliminary injunction; provided, however,the defendant shall be entitled to a jury trial if requested. (1977,c. 819, s. 4.)