
Judicial Code
Rule 37: Injunctions
(a)
No preliminary injunction shall be issued without notice to the adverse
party.
(b)
No temporary restraining order shall be granted without notice to the
adverse party unless 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 notice can be served and a hearing
had thereon. Every temporary restraining order granted without notice
shall:
(1)
be endorsed with the date and hour of issuance;
(2)
be filed forthwith in the clerk's office and entered of record;
(3)
define the injury and state why it is irreparable and why the order was
granted without notice;
(4)
expire by its terms within such time after entry, not to exceed fifteen
(15) days, as the Court fixes, unless within the time 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 preliminary
injunction and, if she/he does not do so, the Court shall dissolve the
temporary restraining order. On
two (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)
Except as otherwise provided by law, 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, the Prairie
Island Mdewakanton Dakota Community, or of an officer, or agency, of either;
nor shall it be required of a married person in a suit against the other party
to the marriage contract. Nothing
in this section shall be construed to give the Prairie Island Mdewakanton
Dakota Tribal Court jurisdiction over the United States or its employees
operating within the scope of their employment.
(d)
A surety upon a bond or undertaking under this rule submits
herself/himself to the jurisdiction of the Court and irrevocably appoints the
clerk of the Court as her/his agent upon whom any paper affecting her/his
liability on the bond or undertaking may be served.
Her/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 persons giving the security if their addresses are known.
(e)
Every order granting an injunction and every restraining order shall be
specific in terms; shall describe in reasonable detail, and not 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.
(f)
An injunction may be granted:
(1)
When it appears by the pleadings on file that a party is entitled to the
relief demanded, and such relief, or any part thereof, consists of restraining
the commission or continuance of some act complained of, either for a limited
period or perpetually;
(2)
When it appears from the pleadings or by affidavit that the commission or
continuance of some act during the litigation would produce irreparable injury
to the party seeking injunctive relief;
(3)
When it appears during the litigation that either party is doing or
threatens, or is about to do, or is procuring or suffering to be done, some act
in violation of the rights of another party respecting the subject matter of the
action, and tending to render the judgment ineffectual;
(4)
In all other cases where an injunction would be proper in equity.
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