Also known as: FRCP 65 · Fed. R. Civ. P. 65 · Federal Rule of Civil Procedure 65 · injunctions rule
Written by attorneys · grounded in primary & secondary sources — see below
A federal rule of civil procedure that governs the issuance, form, scope, and enforcement of temporary restraining orders and preliminary injunctions. The rule requires notice to the adverse party before a preliminary injunction may issue and mandates security from the movant in private disputes. It also extends the order's binding effect to persons in active concert or participation with the named parties who receive actual notice.
Rosa Ruiz obtained an injunction against her former employer barring disclosure of trade secrets. When the employer transferred the information to a new consultant who had assisted in the original breach, the consultant continued the disclosures. The court held the consultant bound because he acted in active concert with the enjoined party after receiving notice of the order.
After a labor board order required a company to reinstate a discharged employee, the firm sold its assets to a successor. The successor continued operations with the same workforce and management. The court enforced the reinstatement obligation against the successor under the rule extending injunctions to those in active concert with the original party.
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A photographer repeatedly approached a public figure despite an existing restraining order. The photographer worked with an assistant who supplied locations and equipment for the intrusions. The court found the assistant bound by the order because he participated in active concert with the photographer after receiving notice.
A party repeatedly filed frivolous motions and destroyed documents during litigation over a broadcast station sale. The opposing party sought sanctions for the misconduct. The court imposed penalties under its inherent authority to enforce compliance with procedural rules governing injunctive and equitable relief.
Rule 65(a)(1) requires notice to the adverse party before a preliminary injunction may issue. The rule contains no exception for exigent circumstances. A party seeking immediate relief without notice must instead pursue a temporary restraining order under Rule 65(b).
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Rule 65(c) requires the movant to provide security in an amount the court deems proper. The security protects the enjoined party against costs and damages if the order later proves wrongful. Private parties receive no categorical exemption based on financial hardship.
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Rule 65(b)(1)(A) requires specific facts demonstrating that immediate and irreparable injury will occur before the adverse party can be heard. The complaint must establish both the imminence and irreparable character of the harm. General allegations of potential loss do not suffice.
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Rule 65(d)(2)(C) extends the order to persons in active concert or participation with the parties who receive actual notice. Successors and agents who continue the enjoined conduct after notice fall within this category. The rule prevents circumvention through third parties.
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…well founded, cannot be substituted for compliance with Sec. 144. Galella claims that notice given him of consolidation under Rule 65(a)(2) of preliminary injunction proceedings and the trial was inadequate in that he was not advised of the consolidation sufficiently in advance of trial to properly prepare. The claim…