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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