 |
|
|
|
|
|
|
|
KENTUCKY
RULES OF CIVIL PROCEDURE CR 65.01 INJUNCTIVE RELIEF A party may obtain injunctive relief in the circuit court by (a) restraining order, (b) temporary injunction, or (c) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act. Injunctive relief shall not be granted in any action in the district court except as specifically authorized by statute. [Amended eff. 3-1-78; prior amendments eff. 1-1-78, 6-1-60; adopted eff. 7-1-53] CR 65.02 REQUISITES OF RESTRAINING ORDER OR INJUNCTION; PARTIES BOUND (1) Every restraining order or injunction shall be specific in terms and shall describe in reasonable detail, and not by reference to the complaint or other document, the act restrained or enjoined. (2) Every restraining order or injunction shall be binding upon the parties to the action, their officers, agents, and attorneys; and upon other persons in active concert or participation with them who receive actual notice of the restraining order or injunction by personal service or otherwise. [Amended eff. 6-1-60; adopted eff. 7-1-53] CR 65.03 RESTRAINING ORDER (1) When authorized. A restraining order may be granted at the commencement of an action, or during the pendency thereof, without written or oral notice to the adverse party or his attorney only if (a) it clearly appears from specific facts shown by verified complaint or affidavit that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, and (b) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give notice and the reasons supporting his claims that notice should not be required. (2) Officers who may grant or dissolve. A restraining order may be granted (a) by a judge of the circuit court in which the action is pending, (b) by a district judge of that judicial district if no judge of that circuit court is present in the county, (c) by a district trial commissioner of that county if he is an attorney and if neither a judge of the circuit court in which the action is pending nor a district judge of that judicial district is present in the county, or (d) by any circuit judge if no judge of the circuit court in which the action is pending is present in his judicial circuit. A restraining order may be dissolved on motion by the judge of the circuit court in which the action is pending or, if no judge of that court is present in his judicial circuit, by any circuit judge. For the purposes of this paragraph a disqualification or disability preventing a judge from acting shall be considered as tantamount to an absence from his judicial circuit. Before a restraining order may be granted or dissolved by one other than a judge of the circuit court in which the action is pending, the party applying for such relief shall show by his affidavit the absence, disqualification, or disability of the circuit judge or judges and the fact that no judge has refused such relief. (3) Issuance, signing and filing. Every restraining order shall be endorsed with the date and hour of issuance, shall be signed by the officer granting it, and shall forthwith be filed in the clerk's office. Every restraining order granted without notice shall, in addition to the other requirements of this subparagraph, define the injury and state why it is irreparable and why the order was granted without notice. (4) Service. A copy of the restraining order for each party to be restrained shall be delivered to a person authorized to serve a summons. Such person shall forthwith serve the order as provided by Rule 4.04, and forthwith make return thereof on the order. If a restraining order is issued at the commencement of an action, a copy shall be served with the summons. (5) Binding effect and duration. A restraining order becomes effective and binding on the party to be restrained at the time of service or when he is informed of the order, whichever is earlier. Unless it provides an earlier termination date, a restraining order shall remain in force until, and not after, (a) the time set for a hearing on a motion to dissolve the restraining order unless there is then pending a motion for a temporary injunction, or (b) the entry of an order on a motion for a temporary injunction, or (c) the entry of a final judgment, whichever is earlier. [Amended by Order 85-2, eff. 1-1-86; prior amendments eff. 1-1-78, 6-1-60; adopted eff. 7-1-53] CR 65.04 TEMPORARY INJUNCTION (1) When authorized. A temporary injunction may be granted during the pendency of an action on motion if it is clearly shown by verified complaint, affidavit, or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action, or the acts of the adverse party will tend to render such final judgment ineffectual. (2) Officers who may grant, modify or dissolve. A temporary injunction may be granted, modified or dissolved on motion by the judge of the court in which the action is pending, or if he is disqualified or absent from his judicial district, by any circuit judge. (3) Issuance, filing and entry. Every temporary injunction shall be indorsed with the date and hour of issuance, and shall forthwith be filed in the clerk's office and entered. (4) Binding effect and duration. A temporary injunction becomes effective and binding on the party enjoined when the order is entered. It shall remain in force until modified or dissolved on motions or until a permanent injunction is granted or denied. (5) Findings of fact and conclusions of law. In granting, denying, or modifying a temporary injunction, the court shall set forth findings of fact and conclusions of law which constitute the grounds of its action, as required by Rule 52.01. [Amended eff. 6-1-60; adopted eff. 7-1-53] CR 65.05 RESTRAINING ORDER AND INJUNCTION BOND (1) No restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety, in such sum as the court or the officer to whom application is made deems proper, for the payment of such costs and damages as may be incurred or suffered by any person who is found to have been wrongfully restrained or enjoined. The address of the surety shall be shown on the bond. (2) A surety upon a bond under this rule submits himself to the jurisdiction of the court. His liability may be enforced on motion without the necessity of an independent action. The motion shall be served on the surety as provided by Rule 5 at least 20 days prior to the date of the hearing thereon. (3) A party restrained or enjoined may move the court for additional security; and if it appear on such motion that the surety is insufficient, or the amount of the bond is insufficient, the court may vacate the restraining order or temporary injunction, unless in a reasonable time sufficient security is given. [Amended by Order 85-2, eff. 1-1-86; prior amendments eff. 4-1-63, 6-1-60; adopted eff. 7-1-53] CR 65.06 ENFORCEMENT OF RESTRAINING ORDERS AND INJUNCTIONS Compliance with a restraining order or an injunction, other than an injunction granted under Rule 65.08, may be compelled or its disobedience punished as a contempt by the judge of the court in which the action is pending, or if he is disqualified or absent from his judicial district, by any circuit judge. Upon a showing by affidavit or other evidence of the breach of a restraining order or injunction, the circuit judge may proceed by rule and attachment against the person committing the breach. If an appellate court grants an injunction pending appeal under Rule 65.08, compliance therewith shall be compelled or disobedience punished by the appellate court. [Amended eff. 7-1-76; prior amendment eff. 6-1-60; adopted eff. 7-1-53] CR 65.07 INTERLOCUTORY RELIEF IN COURT OF APPEALS PRIOR TO FINAL JUDGMENT (1) When a circuit court by interlocutory order has granted, denied, modified, or dissolved a temporary injunction, a party adversely affected may within 20 days after the entry thereof move the Court of Appeals for relief from such order. If the order dissolves a temporary injunction theretofore granted, the circuit court may in its discretion suspend the operation of the order for a period not exceeding 20 days to permit such party to proceed under this rule. (2) The original and four copies of the motion shall be filed in the office of the appellate court clerk, and the movant shall pay the filing fee required by CR 76.42(2)(a)(viii). The format of the motion shall be the same as for other motions filed in the appellate court under CR 76.34. The motion shall state clearly the procedural history of the case, the factual history of the dispute, and the grounds on which movant's claim for relief is based. (3) There shall be filed with the motion the original or a certified copy or photocopy of such portion of the record or proceedings as may be necessary to a proper consideration and disposition of the motion. (4) Any respondent may file a response within ten days of the date on which the motion is served. (5)(a) The motion and any responses shall be submitted to a panel for decision. Oral argument will not be held unless ordered by the Court sua sponte or on the motion of a party. (b) The basis of affirmative relief shall be the grounds specified in Rule 65.04(1), and if such relief is granted, a bond may be required to be executed in the circuit court as provided by Rule 65.05. (6) If a movant will suffer irreparable injury before the motion will be considered by a panel, the movant may request emergency relief from a member of the Court which may be granted ex parte if necessary. If such relief is sought ex parte the motion shall state why it is impractical to notify opposing counsel so that they may appear, in person or by phone, before the judge to whom the request for emergency relief is presented. (7) A signed copy of the order entered on the motion shall be sent forthwith to the clerk of the circuit court where the action is pending, and when filed in the clerk's office shall have the same effect as an order entered by such circuit court. (8) A ruling granting or denying interlocutory relief under Rule 65.07 will not be reconsidered. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 12-31-80, 9-1-80, 6-1-60; adopted eff. 7-1-53] CR 65.08 INTERLOCUTORY RELIEF PENDING APPEAL FROM FINAL JUDGMENT (1) After an appeal is taken from a final judgment granting or denying an injunction any party may move the circuit court to grant, suspend or modify injunctive relief during the pendency of the appeal. The circuit court, in its discretion, may provide in the order ruling on the motion that the status existing immediately before the entry of the final judgment shall be maintained for a specified limited time to protect a party wishing to proceed promptly under paragraph (2) of this rule. (2) A party adversely affected by a ruling by the circuit court under paragraph (1) of this rule, may move the Court of Appeals for relief. (3) Relief shall be sought in the Court of Appeals by filing the original and four copies of a motion complying in all respects with other motions filed in the appellate court under CR 76.34. If no request was made to the trial court under paragraph (1) of this rule, the motion shall state why such request was impractical. (4) There shall be filed with a motion made in the Court of Appeals under this rule the original, a photocopy or a certified copy of such portion of the record or proceedings as may be necessary to a proper consideration and disposition of the motion. (5) Any party may file a response to the motion within ten days of the date on which the motion was served. (6) The motion and any responses shall be submitted to a panel of the Court for decision. No oral argument will be heard unless ordered by the Court on its own motion or on motion of a party. (7) If a movant will suffer irreparable injury before the Court of Appeals may hear the motion, the movant may request emergency relief from a member of the Court which may be granted ex parte if necessary. If such relief is sought ex parte the motion shall state why it is impractical to notify opposing counsel so that they may appear, in person or by phone, before the judge to whom the request for emergency relief is presented. (8) Any order entered under this rule may fix such terms as are proper to secure the rights of the parties, including the execution of an injunction bond subject to the provisions of Rule 65.05. (9) A ruling granting or denying interlocutory relief under Rule 65.08 will not be reconsidered. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 12-31-80, 9-1-80, 1-1-78, 4-1-63, 6-1-60; adopted eff. 7-1-53] CR 65.09 INTERLOCUTORY RELIEF IN SUPREME COURT (1) Any party adversely affected by an order of the Court of Appeals in a proceeding under Rule 65.07 or Rule 65.08 may within five (5) days after the date on which such order was entered, move the Supreme Court to vacate or modify it. The decision whether to review such order shall be discretionary with the Supreme Court. Such a motion will be entertained only for extraordinary cause shown in the motion. Ten copies of the motion and the response, if any, shall be filed. (2) There shall be filed with the motion the original or certified copies or photocopies of the order or orders of the Court of Appeals and all other papers, exhibits and briefs filed in that court. (3) If a Court of Appeals judge has granted or denied emergency relief under CR 65.07(6) or CR 65.08(7), any party adversely affected by that order may move the Supreme Court for relief in the same manner as provided in subsection (1) of this rule. (a) If the Supreme Court declines to exercise its discretion to immediately review the ruling, the motion for relief in the Court of Appeals will be assigned to a panel of that Court for decision. (b) If the Supreme Court decides to exercise its discretion to immediately review the ruling, the Supreme Court review shall encompass both the emergency motion and the motion for relief under > CR 65.07 or CR 65.08. (c) Failure of a party to seek Supreme Court emergency review under this paragraph (3) shall not affect the party's right to seek review under paragraph (1) of a decision of a Court of Appeals panel disposing of the motion for relief under CR 65.07 or 65.08. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 9-15-90, 1-1-88, 9-1-80, 1-1-78; adopted eff. 7-1-76] |
|
|
|
Disclaimer We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. Our design is copyrighted. We have no claim of any affiliation with any linked website nor any liability for anything they may say or do. We, and our contributing authors, offer no warranties of any type, to anyone, about anything express or implied. What you see is what you get, we cannot afford to be your insurer and most assuredly are not your lawyer and do not render you any legal advice whatsoever. No attorney client relationship is established by this site, and there is absolutely no confidentiality of any information or communication herein. No emails received will be responded to pertaining to legal questions or advice. By going further into this site, you accept this complete waiver of all warranties and acknowledge reading our Legal Disclaimer.
© 2001-2004 LouisvilleLaw,
LouisvilleLaw.com
& Kentucky Law Net, LLC
To Suggest a Link or Report broken Links, please contact our Webmaster |
|
|
|
 table of contents |
|
 Next |
|
 Previous |
|
|
