Rule 65 – Injunctions

May 15, 2021 | Delaware, Family Law

(a) Preliminary injunction.

(1) Except as otherwise provided in 13 Del.C. Section 1509 and 13 Del. C. Section 721(d), no preliminary injunction shall be issued without notice to the adverse party, and without a request appearing in a verified complaint, or a motion for injunctive relief filed and supported by affidavit.

(2) 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.

(3) Any evidence received upon 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.

(b) Security. The Court may require 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.

(c) Form and scope of injunction. Every order granting an injunction shall describe in reasonable detail, and not by reference to the complaint or other document unless such document is served with the injunction, the act or acts to be enjoined.

Del. Fam. Ct. R. Civ. P. 65

Amended July 10, 2020, effective November 1, 2020.