(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 that party’s 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 that party’s 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 the 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 10 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 the party 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 United States 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) Employer and Employee; Interpleader; Constitutional Cases. These rules do not modify any statute of the United States relating to temporary restraining orders and preliminary injunctions in actions affecting employer and employee; or the provisions of Title 28, U.S.C., § 2361, relating to preliminary injunctions in actions of interpleader or in the nature of interpleader; or Title 28, U.S.C., § 2284, relating to actions required by Act of Congress to be heard and determined by a district court of three judges.
(f) Copyright Impoundment. This rule applies to copyright impoundment proceedings.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001.)
added in current removed in current
Compared to current version (2025).
(a) Preliminary Injunction.
(1) Notice. NoThe court may issue a preliminary injunction shall be issued withoutonly on notice to the adverse party.
(2) Consolidation ofng the Hearing Wwith the Trial on the Merits. Before or after the commencement ofbeginning the hearing of an applican a motion for a preliminary injunction, the court may orderadvance the trial of the action on the merits to be advancedn the merits and consolidated it with the hearing of the application. Even when this consolidation is not ordered, any evidence that is received upon an application for a preliminary injunction which would be admissible upon the trial on the meritsthe motion and that would be admissible at trial becomes part of the trial 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 anyat trial. But the court must preserve any party’s rights they may have to trial by juryo a jury trial.
(b) Temporary Restraining Order; Notice; Hearing; Duration. A.
(1) Issuing Without Notice. The court may issue a temporary restraining order may be granted without written or oral notice to the adverse party or ithat party’s attorney only if (1) it clearly appears from:
(A) specific facts shown byin an affidavit or by thea verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the applicmovant before the adverse party or that party’s attorney can be heard in opposition,; and (2
(B) the applicmovant’s attorney certifies to the court in writing theany efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be requiredwhy it should not be required.
(2) Contents; Expiration. Every temporary restraining order grantissued 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 definmust state the date and hour it was issued; describe the injury and state why it is irreparable and; state why the order was grantissued without notice; and shall expire by its terms within suchbe promptly filed in the clerk’s office and entered in the record. The order expires at the time after entry, -not to exceed 104 days, as-that the court fixesets, unless withinbefore theat time so fixed the orderthe court, for good cause shown, is, extendeds it for a like period or unless the party against whom the order is directed consents that it may be extended forthe adverse party consents to a longer perextensiodn. The reasons for thean extension shallmust be entered ofin the record. In case a temporary restraining
(3) Expediting the Preliminary-Injunction Hearing. If the order is grantissued without notice, the motion for a preliminary injunction shallmust be set down for hearing at the earliest possible time and, takesing precedence ofver all other matters except hearings on older matters of the same character; and when the motion comes on for. At the hearing, the party who obtained the temporary restraining order shallmust proceed with the application for a preliminary injunction and,motion; if the party does not do so, the court shallmust dissolve the temporary restraining orderorder.
(4) Motion to Dissolve. 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, set by the court-the adverse party may appear and move itsto dissolutionve or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends ofy the order. The court must then hear and decide the motion as promptly as justice requires.
(c) Security. No restraining order orThe court may issue a 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 sufferor a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the United States 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) FormThe United States, its officers, and its agencies are not required to give security.
(d) Contents and Scope of Every Injunction orand Restraining Order.
(1) Contents. Every order granting an injunction and every restraining order shall set forthmust:
(A) state the reasons forwhy its issuance; shall be specific in terms; shalled;
(B) state its terms specifically; and
(C) describe in reasonable detail, -and not by referencering to the complaint or other document, -the act or acts sought to be restrained; and is binding only upon the parties to the action, theirrestrained or required.
(2) Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise:
(A) the parties;
(B) the parties’ officers, agents, servants, employees, and attorneys,; and upon those persons
(C) other persons who are in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
(e) Employer and Employee; Interpleader; Constitutional Cases. These rules do not modify any statute of the United Statesanyone described in Rule 65(d)(2)(A) or (B).
(e) Other Laws Not Modified. These rules do not modify the following:
(1) any federal statute relating to temporary restraining orders andor preliminary injunctions in actions affecting employer and employee; or the provisions of Title
(2) 28, U.S.C., § 2361, which relatinges to preliminary injunctions in actions of interpleader or in the nature of interpleader; or Title
(3) 28, U.S.C., § 2284, which relatinges to actions required by Act of Congress tothat must be heard and determincided by a three-judge district court of three judges.
(f) Copyright Impoundment. This rule applies to copyright -impoundment proceedings.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)