§ CR 65.03 Restraining order

Codes > Kentucky Rules of Civil Procedure > VIII Provisional > CR 65 > CR 65.03

CR 65.03 Restraining order

    (1) When authorized.

    A restraining order may be granted at the commencement of an action, or during the pendency thereof, without written or oral notice to the adverse party or his attorney only if (a) it clearly appears from specific facts shown by verified complaint or affidavit that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, and (b) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give notice and the reasons supporting his claims that notice should not be required.

    (2) Officers who may grant or dissolve.

    A restraining order may be granted (a) by a judge of the circuit court in which the action is pending, (b) by a district judge of that judicial district if no judge of that circuit court is present in the county, (c) by a district trial commissioner of that county if he is an attorney and if neither a judge of the circuit court in which the action is pending nor a district judge of that judicial district is present in the county, or (d) by any circuit judge if no judge of the circuit court in which the action is pending is present in his judicial circuit. A restraining order may be dissolved on motion by the judge of the circuit court in which the action is pending or, if no judge of that court is present in his judicial circuit, by any circuit judge. For the purposes of this paragraph a disqualification or disability preventing a judge from acting shall be considered as tantamount to an absence from his judicial circuit. Before a restraining order may be granted or dissolved by one other than a judge of the circuit court in which the action is pending, the party applying for such relief shall show by his affidavit the absence, disqualification, or disability of the circuit judge or judges and the fact that no judge has refused such relief.

    (3) Issuance, signing and filing.

    Every restraining order shall be endorsed with the date and hour of issuance, shall be signed by the officer granting it, and shall forthwith be filed in the clerk's office. Every restraining order granted without notice shall, in addition to the other requirements of this subparagraph, define the injury and state why it is irreparable and why the order was granted without notice

    (4) Service.

    A copy of the restraining order for each party to be restrained shall be delivered to a person authorized to serve a summons. Such person shall forthwith serve the order as provided by Rule 4.04, and forthwith make return thereof on the order. If a restraining order is issued at the commencement of an action, a copy shall be served with the summons.

    (5) Binding effect and duration.

    A restraining order becomes effective and binding on the party to be restrained at the time of service or when he is informed of the order, whichever is earlier. Unless it provides an earlier termination date, a restraining order shall remain in force until, and not after, (a) the time set for a hearing on a motion to dissolve the restraining order unless there is then pending a motion for a temporary injunction, or (b) the entry of an order on a motion for a temporary injunction, or (c) the entry of a final judgment, whichever is earlier.