§ RULE 65 INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS
RULE 65. INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS
(a)(1) Notice. A preliminary injunction or a temporary restraining order may be granted without written or oral notice to the adverse party or his attorney where it appears by affidavit or verified complaint that irreparable harm or damage will or might result to the applicant if such preliminary injunction or temporary restraining order is not granted. In all other cases, reasonable notice must be given to the adverse party or his attorney of the application for a preliminary injunction or temporary restraining order and an opportunity for such party or his attorney to be heard in opposition thereto. Every preliminary injunction or temporary restraining order granted without notice shall be filed with the clerk and a copy served upon the party restrained in the manner prescribed by Rule 4 of these rules.
(2) A restraining order or interlocutory injunction to stop the general and ordinary business operation of an individual, corporation, labor union, turnpike, railroad, canal company, municipal corporation, any building, erection or other work or to restrain a nuisance can only be granted by the court or any judge thereof upon reasonable notice of the time and place of the application therefor to the party enjoined. No such preliminary injunction or restraining order shall be effective until the party obtaining the injunction files his bond with the clerk, together with good and sufficient securities to be approved by the clerk, conditioned that the party giving the bond will pay to the party enjoined such damages as he may sustain if it is finally decided that the injunction ought not to have been granted.
(b) Hearing. Upon application by the party against whom the preliminary injunction or temporary restraining order has been issued without notice, the Court shall, as expeditiously as possible, hold a hearing to determine whether the preliminary injunction or temporary restraining order should be dissolved. Where a hearing is required to be held on an application for a preliminary injunction or temporary restraining order, the Court may order the trial of the action on the merits advanced and consolidated with the hearing on the application. When consolidation is not ordered, any evidence received upon application for a preliminary injunction or temporary restraining order which would be admissible upon the trial on the merits becomes a part of the record of the trial and need not be repeated upon the trial. This subdivision (b) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.
(c) Duration. A preliminary injunction or temporary restraining order not otherwise earlier dissolved shall remain in effect until a final judgment or decree is entered; provided that such preliminary injunction or temporary restraining order may, upon motion and for good cause shown, be made permanent upon final hearing of the cause.
(d) Security. As a condition precedent to the issuance of a preliminary injunction or temporary restraining order, the Court may require 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 of Arkansas or any officer or agency thereof.
The provisions of Rule 65.1 apply to any surety upon a bond or undertaking under this rule.
(e) Form and Scope of Injunction or Restraining Order. Every order granting an injunction or 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 or mandated; and it 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.
(f) Contempt. Disobedience of an injunction or restraining order may be punished by the Court as a contempt.