This text of North Dakota § 34-08-07 (Basis upon which restraining order or injunction may be issued) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
No court of this state may issue a restraining order or a temporary or permanent injunction
in any case involving or growing out of a labor dispute except after hearing the testimony of
witnesses in open court in support of the allegations of a complaint made under oath and the
testimony offered in opposition thereto, and the granting to opposing parties of the right to
cross-examine such witnesses, and except after the court has made and filed with the records
in the case findings of fact to the effect that:
1.Unlawful acts have been threatened and will be committed, or have been committed
and will be continued, unless restrained;
2.Substantial irreparable injury to complainant's property will follow;
3.As to each item of relief granted, greater injury will be inflicted upon complaina
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No court of this state may issue a restraining order or a temporary or permanent injunction
in any case involving or growing out of a labor dispute except after hearing the testimony of
witnesses in open court in support of the allegations of a complaint made under oath and the
testimony offered in opposition thereto, and the granting to opposing parties of the right to
cross-examine such witnesses, and except after the court has made and filed with the records
in the case findings of fact to the effect that:
1. Unlawful acts have been threatened and will be committed, or have been committed
and will be continued, unless restrained;
2. Substantial irreparable injury to complainant's property will follow;
3. As to each item of relief granted, greater injury will be inflicted upon complainant by
the denial of relief than will be inflicted upon defendants by the granting of relief; and
4. Complainant has no adequate remedy at law.
No such restraining order or injunction may be issued on account of any threat or unlawful act
except against a person, association, or organization making the threat or committing the
unlawful act or authorizing or ratifying the same with actual knowledge thereof. Every restraining
order or injunction granted in a case involving or growing out of a labor dispute must include
only a prohibition of such specific act or acts as may be expressly complained of in the
complaint filed in such case and as shall be expressly included in the findings of fact.