State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_65

Rule 65. Injunctions.

(a)        Preliminaryinjunction; notice. – No preliminary injunction shall be issued without noticeto the adverse party.

(b)        Temporaryrestraining order; notice; hearing; duration. – A temporary restraining ordermay be granted without written or oral notice to the adverse party or thatparty's attorney only if (i) it clearly appears from specific facts shown byaffidavit or by verified complaint that immediate and irreparable injury, loss,or damage will result to the applicant before the adverse party or that party'sattorney can be heard in opposition, and (ii) the applicant's attorneycertifies to the court in writing the efforts, if any, that have been made togive the notice and the reasons supporting the claim that notice should not berequired. Every temporary restraining order granted without notice shall beendorsed with the date and hour of issuance; shall be filed forthwith in theclerk's office and entered of record; shall define the injury and state why itis irreparable and why the order was granted without notice; and shall expireby its terms within such time after entry, not to exceed 10 days, as the judgefixes, 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. In case a temporary restraining orderis granted without notice and a motion for a preliminary injunction is made, itshall be set down for hearing at the earliest possible time and takesprecedence over all matters except older matters of the same character; andwhen the motion comes on for hearing, the party who obtained the temporaryrestraining order shall proceed with a motion for a preliminary injunction,and, if he does not do so, the judge shall dissolve the temporary restrainingorder. On two days' notice to the party who obtained the temporary restrainingorder without notice or on such shorter notice to that party as the judge mayprescribe, the adverse party may appear and move its dissolution ormodification and in that event the judge shall proceed to hear and determinesuch motion as expeditiously as the ends of justice require. Damages may be awardedin an order for dissolution as provided in section (e).

(c)        Security. – Norestraining order or preliminary injunction shall issue except upon the givingof security by the applicant, in such sum as the judge deems proper, for thepayment of such costs and damages as may be incurred or suffered by any partywho is found to have been wrongfully enjoined or restrained. No such securityshall be required of the State of North Carolina or of any county ormunicipality thereof, or any officer or agency thereof acting in an officialcapacity, but damages may be awarded against such party in accord with thisrule. In suits between spouses relating to support, alimony, custody ofchildren, separation, divorce from bed and board, and absolute divorce no suchsecurity shall be required of the plaintiff spouse as a condition precedent tothe issuing of a temporary restraining order or preliminary injunctionenjoining the defendant spouse from interfering with, threatening, or in anyway molesting the plaintiff spouse during pendency of the suit, until furtherorder of the court, but damages may be awarded against such party in accordwith this rule.

A surety upon a bond orundertaking under this rule submits himself to the jurisdiction of the courtand irrevocably appoints the clerk of the court as his agent upon whom anypapers affecting his liability on the bond or undertaking may be served. Hisliability may be enforced on motion without the necessity of an independentaction. The motion and such notice of the motion as the court prescribes may beserved on the clerk of the court, who shall forthwith mail copies to thepersons giving the security and the sureties thereon if their addresses areknown.

(d)        Form and scope ofinjunction or restraining order. – Every order granting an injunction and everyrestraining order shall set forth the reasons for its issuance; shall bespecific in terms; shall describe in reasonable detail, and not by reference tothe complaint or other document, the act or acts enjoined or restrained; and isbinding 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 actual notice in any manner of the order bypersonal service or otherwise.

(e)        Damages ondissolution. – An order or judgment dissolving an injunction or restrainingorder may include an award of damages against the party procuring theinjunction and the sureties on his undertaking without a showing of malice or wantof probable cause in procuring the injunction. The damages may be determined bythe judge, or he may direct that they be determined by a referee or jury. (1967, c. 954, s. 1; 2001‑379,s. 8.)