RULE 65. TEMPORARY RESTRAINING ORDER AND INJUNCTIONS.

1. No preliminary injunction shall be issued without written application and notice to the adverse party.  Before or after the commencement of the hearing for 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.  Even if this consolidation is not ordered, any evidence received on an application for a preliminary injunction which would be admissible on the trial of the merits becomes part of the record on the trial and need not be repeated at the trial.  This paragraph shall be construed and applied to save the parties any rights they may have to a trial by jury.
2. No temporary restraining order shall be granted without written or oral notice to the adverse party or his counsel unless:
   1. It clearly appears from specific facts shown by affidavit or by the verified Complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and
   2. The applicant’s attorney or the applicant certifies to the Court in writing under oath the efforts, if any, which have been made to give notice or the reasons supporting his claim that notice should not be required.

Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the Clerk’s office and entered on record; shall define the injury and state why it is irreparable and why the Order was granted without notice, and except in actions arising in a divorce proceeding or other domestic relation type litigation, shall expire by its terms within ten (10) days after entry unless the Court fixes a shorter time period for expiration.  For good cause shown, the Court may extend the temporary restraining order for an additional ten (10) days unless the party against whom the Order is directed consents that it may be extended for a longer period.  The reasons for the extension shall be entered on record.   In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character.  When the motion comes on for hearing, the party who obtained the Order shall proceed with the application for preliminary injunction.  If he does not do so, the Court shall dissolve the temporary restraining order.  On two (2) days notice to the party who obtained the temporary restraining order without notice or upon such shorter notice period as the Court may prescribe, the adverse party may appear and move its dissolution and modification.  In such event, the Court shall proceed to hear and determine such motion as expeditiously as possible.  Temporary restraining orders by their very nature may not be appealed.

3. Except as otherwise provided by law, no restraining order or preliminary injunction shall issue except by the posting of a bond by the applicant in an amount approved by the Court for the payment of such costs and damages as may be incurred by the opposing party who is found to have been wrongfully enjoined or restrained.  No security shall be required in a divorce proceeding or other domestic relations litigation in the discretion of the Court.  Any surety upon a bond under this rule submits himself to the jurisdiction of the Court and irrevocably appoints the Clerk of Tribal Courts as his agent upon whom any papers affecting his liability on the bond may be served.  His liability may be enforced on motion without the necessity of an independent action.  The motion and notice of motion may be served upon the Clerk of Courts who shall forthwith mail copies to the sureties at their last known post office addresses.
4. Every Order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not be reference to the Complaint or other documents, the acts or act sought to be restrained.  It is binding only upon those persons in active concert or active participation with them who receive actual notice of the Order by personal service or otherwise.   In addition, the Court shall set forth the Findings of Fact and Conclusions of Law which constitute the grounds of its actions.
5. No injunctions or restraining order shall be issued unless the Court finds from the pleadings, affidavits, or testimony presented to it as follows:
   1. That the party making application has no adequate legal remedy;
   2. That the party making application has exhausted all administrative remedies
   3. That irreparable harm will result which cannot be solved by the awarding of money damages unless the injunction or temporary restraining order is granted and,
   4. That greater harm will be done to the party making application by the refusal of the injunctive relief than will be occasioned to the opposing party by the granting of such relief.

(History, Ordinance No. 88-14, Rule 57 and Rule 64)