§ 34-18-6 - Temporary restraining orders – Ex parte proceedings.
SECTION 34-18-6
§ 34-18-6 Temporary restraining orders– Ex parte proceedings. – (a) No temporary restraining order shall be granted without notice to theadverse party unless it clearly appears from specific facts shown by affidavitor by the verified complaint that immediate and irreparable injury, loss, ordamage will result to the applicant before notice can be served and a hearinghad thereon. 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; and shall expire by its terms within suchtime after entry, not to exceed ten (10) days, as the court fixes, unlesswithin the time so fixed, the order by consent or for good cause shown andafter hearing of argument by the parties or counsel, is extended for anadditional period. In case a temporary order is granted without notice, themotion for a preliminary injunction shall be set down for hearing at theearliest possible time and shall be given precedence over all matters exceptolder matters of the same character; and when the motion comes on for hearing,the party who obtained the temporary restraining order shall proceed with theapplication for a preliminary injunction, and, if he or she does not do so, thecourt shall dissolve the temporary restraining order.
(b) On two (2) days' notice to the party who obtained thetemporary restraining order without notice, or on such shorter notice to thatparty as the court may prescribe, the adverse party may appear and move itsdissolution or modification, and in that event the court shall proceed to hearand determine such motion as expeditiously as the ends of justice require.
(c) Every order granting an injunction and every restrainingorder shall be specific in terms; shall describe in reasonable detail the actor acts sought to be restrained; and is binding only upon the parties to theaction, their officers, agents, managers, employees, and attorneys, and uponthose persons in active concert or participation with them who receive actualnotice of the order by personal service or otherwise.