(a) PRELIMINARYINJUNCTION.
(1) Notice. The court may issue a preliminary injunction only
on notice to the adverse party.
(2) Consolidating the Hearing with the Trial on the Merits. Be-
fore or after beginning the hearing on a motion for a prelimi-
nary injunction, the court may advance the trial on the merits
and consolidate it with the hearing. Even when consolidation
is not ordered, evidence that is received on the motion and
that would be admissible at trial becomes part of the trial
record and need not be repeated at trial. But the court must
preserve any party’s right to a jury trial.
(b) TEMPORARYRESTRAININGORDER.
(1) Issuing Without Notice. The court may issue a temporary
restraining order without written or oral notice to the adverse
party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint
clearly show that immediate and irreparable injury, loss,
or damage will result to the movant before the adverse
party can be heard in opposition; and
(B) the movant’s attorney certifies in writing any efforts
made to give notice and the reasons why it should not be
required.
(2) Contents; Expiration. Every temporary restraining order
issued without notice must state the date and hour it was is-
sued; describe the injury and state why it is irreparable; state
why the order was issued without notice; and be promptly filed
in the clerk’s office and entered in the record. The order ex-
pires at the time after entry—not to exceed 14 days—that the
court sets, unless before that time the court, for good cause,
extends it for a like period or the adverse party consents to a
longer extension. The reasons for an extension must be en-
tered in the record.
(3) Expediting the Preliminary-Injunction Hearing. If the order
is issued without notice, the motion for a preliminary injunc-
tion must be set for hearing at the earliest possible time, tak-
ing precedence over all other matters except hearings on older
matters of the same character. At the hearing, the party who
obtained the order must proceed with the motion; if the party
does not, the court must dissolve the order.
Rule 65.1 FEDERAL RULES OF CIVIL PROCEDURE 88
(4) Motion to Dissolve. On 2 days’ notice to the party who ob-
tained the order without notice—or on shorter notice set by
the court—the adverse party may appear and move to dissolve
or modify the order. The court must then hear and decide the
motion as promptly as justice requires.
(c) SECURITY. The court may issue a preliminary injunction or
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 found to have been wrongfully en-
joined or restrained. The United States, its officers, and its agen-
cies are not required to give security.
(d) CONTENTS AND SCOPE OF EVERY INJUNCTION AND RESTRAINING
ORDER.
(1) Contents. Every order granting an injunction and every
restraining order must:
(A) state the reasons why it issued;
(B) state its terms specifically; and
(C) describe in reasonable detail—and not by referring to
the complaint or other document—the act or acts re-
strained or required.
(2) Persons Bound. The order binds only the following who re-
ceive actual notice of it by personal service or otherwise:
(A) the parties;
(B) the parties’ officers, agents, servants, employees, and
attorneys; and
(C) other persons who are in active concert or participa-
tion with anyone 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 or-
ders or preliminary injunctions in actions affecting employer
and employee;
(2) 28 U.S.C. §
2361, which relates to preliminary injunctions
in actions of interpleader or in the nature of interpleader; or
(3) 28 U.S.C. §
2284, which relates to actions that must be
heard and decided by a three-judge district court.
(f) COPYRIGHT IMPOUNDMENT. This rule applies to copyright-im-
poundment proceedings.