§65.5 Purpose and Procedure

• Jurisdiction: Washington

§65.5PURPOSE AND PROCEDURE

This section discusses the purpose of and procedure under CR 65 and its federal counterpart.

(1)Purpose

CR 65 sets out the procedure to be followed in seeking a court ruling before trial either prohibiting or requiring some action, so as to avoid injury to a party for which the court at trial could not fashion an adequate remedy. As discussed in §65.6, below, the purpose of the relief provided by CR 65 is to enable the trial court to enjoin or compel conduct pending a trial on the merits when the moving party has a clear right that is about to be invaded and the resulting harm will be substantial, if not irreparable.

(2)Procedure for temporary restraining order

A temporary restraining order (TRO) may be granted with or without notice, is effective only for a specified period of time, and expires by its terms without further order of the court. CR 65(b). The steps to be taken to obtain a temporary restraining order are as follows:

(1)prepare a motion and supporting affidavits or declarations;

(2)serve copies on opposing party or give other written or oral notice of the TRO application, unless an affidavit or a verified complaint establishes that immediate, irreparable damage or loss will result before the opposing party can be heard and the moving party's attorney certifies in writing the efforts made to give notice or why notice should not be required;

(3)present the motion and supporting materials to the designated judge or court commissioner;

(4)present a proposed order. If a restraining order is sought without notice, the order must (a) define the injury and state why it is irreparable; (b) state why the order was granted without notice; (c) provide a date for expiration not later than 14 days after the date of entry, unless extended for good cause; (d) be endorsed with the date and hour of issuance; and (e) be filed immediately with the clerk. All restraining orders, whether granted with or without notice, must set forth the reasons for issuance, describe in detail, and not by reference, the acts to be restrained, state the date of expiration, and specify the bond or other security required;

(5)file with the clerk the order and abond or other adequate security in the amount specified by the court;

(6)give immediate notice and, if possible, serve certified copies of the order personally on all persons to be restrained; and

(7)set the hearing for preliminary injunction. In the case of an order entered without notice, the injunction hearing must be scheduled at the earliest possible time and takes...