NRCP Rule 65
RULE 65. INJUNCTIONS
(a) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued
without notice to the adverse party.
(2) Consolidation of Hearing With Trial on Merits. Before
or after the commencement of the hearing of an application for a preliminary
injunction, the court may order the trial of the action on the merits to be
advanced and consolidated with the hearing of the application. Even when this
consolidation is not ordered, any evidence received upon an application for a
preliminary injunction which would be admissible upon the trial on the merits
becomes part of the record on the trial and need not be repeated upon the
trial. This subdivision (a)(2) shall be so construed and applied as to save to
the parties any rights they may have to trial by jury.
(b) Temporary Restraining Order; Notice; Hearing;
Duration. A temporary restraining order may be granted without written or
oral notice to the adverse party or his attorney only if (1) it clearly appears
from specific facts shown by affidavit or by the verified complaint that
immediate and irreparable injury, loss, or damage will result to the applicant
before the adverse party or his attorney can be heard in opposition, and (2)
the applicant’s attorney certifies to the court in writing the efforts, if any,
which have been made to give the notice and the reasons supporting his claim
that notice should not be required. Every temporary restraining order granted
without notice shall be indorsed with the date and hour of issuance; shall be
filed forthwith in the clerk’s office and entered of record; shall define the
injury and state why it is irreparable and why the order was granted without
notice; and shall expire by its terms within such time after entry, not to
exceed 15 days, as the court fixes, unless within the time so fixed the order,
for good cause shown, is extended for a like period or unless the party against
whom the order is directed consents that it may be extended for a longer
period. The reasons for the extension shall be entered of record. In case a
temporary restraining order is granted without notice, the motion for a
preliminary injunction shall be set down for hearing at the earliest possible
time and takes precedence of all matters except older matters of the same
character; and when the motion comes on for hearing the party who obtained the
temporary restraining order shall proceed with the application for a
preliminary injunction and, if he does not do so, the court shall dissolve the
temporary restraining order. On 2 days’ notice to the party who obtained the
temporary restraining order without notice or on such shorter notice to that
party as the court may prescribe, the adverse party may appear and move its
dissolution or modification and in that event the court shall proceed to hear
and determine such motion as expeditiously as the ends of justice require.
(c) Security. No restraining order or
preliminary injunction shall issue except upon the giving of security by the
applicant, in such sum as the court deems proper, for the payment of such costs
and damages as may be incurred or suffered by any party who is found to have
been wrongfully enjoined or restrained. No such security shall be required of
the State or of an officer or agency thereof.
The provisions of Rule 65.1 apply to a surety upon a bond or
undertaking under this rule.
(d) Form and Scope of Injunction or Restraining
Order. Every order granting an injunction and every restraining order
shall set forth the reasons for its issuance; shall be specific in terms; shall
describe in reasonable detail, and not by reference to the complaint or other
document, the act or acts sought to be restrained; and is binding only upon the
parties to the action, their officers, agents, servants, employees, and
attorneys, and upon those persons in active concert or participation with them
who receive actual notice of the order by personal service or otherwise.
(e) Reserved.
(f) When Inapplicable.
This rule is not applicable to suits for divorce, alimony, separate
maintenance or custody of children. In such suits, the court may make
prohibitive or mandatory orders, with or without notice or bond, as may be
just.
NRCP Rule 65.1
RULE 65.1. SECURITY: PROCEEDINGS
AGAINST SURETIES
Whenever these rules require or permit the giving of
security by a party, and security is given in the form of a bond or stipulation
or other undertaking with one or more sureties, each surety submits himself to
the jurisdiction of the court and irrevocably appoints the clerk of the court
as his agent upon whom any papers affecting his liability on the bond or
undertaking may be served. His liability may be enforced on motion without the
necessity of an independent action. The motion and such notice of the motion as
the court prescribes may be served on the clerk of the court, who shall
forthwith mail copies to the sureties if their addresses are known.
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