State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-10 > 28-10-2

SECTION 28-10-2

   § 28-10-2  Prerequisites and proof requiredfor injunction. – (a) No court of this state shall have jurisdiction to issue a temporary orpermanent injunction in any case involving a labor dispute, except afterhearing the testimony of witnesses in open court, with opportunity forcross-examination, in support of the allegations of a complaint made underoath, and testimony in opposition, if offered, and except after findings offact by the court to the effect:

   (1) That unlawful acts have been threatened and will becommitted unless restrained or have been committed and will be continued unlessrestrained, but no injunction or temporary restraining order shall be issued onaccount of any threat or unlawful act except against the person or persons,association, or organization making the threat or committing the unlawful actor actually authorizing or ratifying the unlawful act after actual knowledge ofthe unlawful act;

   (2) That substantial and irreparable injury to complainant'sproperty will follow;

   (3) That as to each item of relief granted greater injurywill be inflicted upon the complainant by the denial of relief than will beinflicted upon the defendants by the granting of relief;

   (4) That the complainant has no adequate remedy at law; and

   (5) That the public officers charged with the duty to protectthe complainant's property are unable or unwilling to furnish adequateprotection.

   (b) The hearing shall be held after due and personal noticehas been given, in any manner that the court directs, to all known personsagainst whom relief is sought, and also to the chief of those public officialsof the city or town within which the unlawful acts have been threatened orcommitted charged with the duty to protect the complainant's property;provided, that if a complainant also alleges that, unless a temporaryrestraining order is issued without notice, a substantial and irreparableinjury to the complainant's property will be unavoidable, a temporaryrestraining order may be issued upon testimony under oath, sufficient, ifsustained, to justify the court in issuing a temporary injunction upon ahearing after notice, and a statement of the grounds justifying the issuance ofthe order shall be made a matter of record by the court; provided, further,that no temporary restraining order shall be issued except upon its also beingmade to appear to the satisfaction of the court, either from the testimony ofwitnesses or from written assurances filed by counsel, that:

   (1) A principal representative or attorney of the employeesor labor organizations participating in the dispute was informed of the timeand place at which the application for a temporary restraining order would bepresented sufficiently in advance to appear in opposition; or

   (2) The complainant made every reasonable effort to complywith subsection (b)(1) of this section but was unable to do so; provided, thatnotification by mail alone shall not be deemed compliance with this sectionwithout proof of receipt.

   (c) Testimony or written assurances shall set forth in detailthe manner in which the complainant complied with subdivision (1) or (2) ofsubsection (b) of this section and shall be made part of the record in the case.

   (d) If the defendants appear in opposition to the applicationfor a temporary restraining order they shall be afforded an opportunity tocross-examine the complainant's witnesses at any length that is reasonableunder the circumstances and a like opportunity to introduce evidence inopposition.

   (e) In case a restraining order is granted, the matter shallbe returnable at the earliest and most reasonable time, but in no event laterthan three (3) days from the date of the order, and shall take precedence overall matters, except older matters of the same character. The court shall hearthe matters on any day except Saturday and Sunday.

   (f) The restraining order shall not be renewable.