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Rule 65 – Injunctions

May 14, 2021 | Civil Procedure, Vermont

(a)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 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. The verification of such affidavit or verified complaint shall be upon the affiant’s own knowledge, information or belief; and, so far as upon information and belief, shall state that the affiant believes this information to be true. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; 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 14 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period. An order so extended may be further extended to the earliest available hearing date upon a showing by the plaintiff that the plaintiff has not, with due diligence, been able to obtain a hearing within the period. The court at the hearing may extend the order for a further period not to exceed 14 days, if necessary for the hearing and determination of the motion. No other extensions shall be allowed 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 two 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.
(b)Preliminary Injunction.

(1)Notice. No preliminary injunction shall be issued without notice and hearing at a time and place set by the clerk. The application for preliminary injunction may be included in the complaint or may be made by motion. The notice shall be signed by the clerk, or by the court which is to hear the matter, and shall be served upon all parties by the plaintiff in the manner provided by these rules, with a copy of the application.
(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 (b)(2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.
(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, provided, however, that for good cause shown and recited in the order, the court may waive the giving of security. No such security shall be required of the State of Vermont or 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 Restraining Order or Injunction. Every restraining order and every order granting a preliminary or permanent injunction 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. These rules do not modify any statute relating to temporary restraining orders and preliminary injunctions in actions affecting employer and employee.
(f)Presentation to Other Judge. When an application for an injunction or for an order or decree under this rule is made to one judge and has been acted upon by the judge, it shall not be presented to any other judge except by direction of the first judge because of that judge’s necessary absence.

Vt. R. Civ. P. 65

Amended March 12, 1975, eff. April 1, 1975; Feb. 15, 1977, eff. March 1, 1977; Jan. 9, 1985, eff. March 15, 1985; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 65(a) is amended to extend its 10-day time periods to 14 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6. Consistent with V.R.C.P. 65(b)(4), the two-day nofice period for a motion to dissolve a TRO obtained without notice is retained in view of the exigent circumstances likely present in such a case.