Under Rule 65, which statement is true regarding injunctions?

Under Rule 65, which statement is true regarding injunctions?

• A. The court may issue injunctions without notice in all cases
• B. Injunctions require notice to adverse party
• C. Injunctions require no notice under any circumstances
• D. Notice is optional for injunctions

Answer: (B)

Notice to the adverse party is the default rule when seeking an injunction under Rule 65. The guiding idea is to preserve due process by letting the restrained party know what’s happening and defend against it. In practice, a court generally grants an injunction only after the other side has been given notice and had a chance to be heard at a hearing. There is an exception for a temporary restraining order that can be issued without notice, but only if immediate and irreparable harm would occur before a hearing, and this ex parte relief is temporary and must be followed by service of notice and a hearing for a longer-term injunction. So the statement that injunctions require notice to the adverse party reflects the ordinary rule. The other options are too broad or incorrect because they imply notice is never required, never necessary, or optional.

Notice to the adverse party is the default rule when seeking an injunction under Rule 65. The guiding idea is to preserve due process by letting the restrained party know what’s happening and defend against it. In practice, a court generally grants an injunction only after the other side has been given notice and had a chance to be heard at a hearing. There is an exception for a temporary restraining order that can be issued without notice, but only if immediate and irreparable harm would occur before a hearing, and this ex parte relief is temporary and must be followed by service of notice and a hearing for a longer-term injunction. So the statement that injunctions require notice to the adverse party reflects the ordinary rule. The other options are too broad or incorrect because they imply notice is never required, never necessary, or optional.