Missouri and Federal Rules of Civil Procedure
Federal Rule of Civil Procedure 65. Injunctions and Restraining Orders
(a) Preliminary Injunction.
(1) Notice. The court may issue a preliminary injunction only on notice to the adverse party.
(2) Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a
motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with
the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would
be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must
preserve any party's right to a jury trial.
(b) Temporary Restraining Order.
(1) Issuing Without Notice. The court may issue a temporary restraining order without written or oral notice to
the adverse party or its attorney only if:
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should
not be required.
(2) Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour
it was issued; describe the injury and state why it is irreparable; state why the order was issued without
notice; and be promptly filed in the clerk’s office and entered in the record. The order expires at the time
after entry—not to exceed 14 days—that the court sets, unless before that time the court, for good cause,
extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension
must be entered in the record.
(3) Expediting the Preliminary-Injunction Hearing. If the order is issued without notice, the motion for a
preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other
matters except hearings on older matters of the same character. At the hearing, the party who obtained the
order must proceed with the motion; if the party does not, the court must dissolve the order.
(4) Motion to Dissolve. On 2 days' notice to the party who obtained the order without notice—or on shorter
notice set by the court—the adverse party may appear and move to dissolve or modify the order. The court
must then hear and decide the motion as promptly as justice requires.
(c) Security. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives
security in an amount that the court considers proper to pay the costs and damages sustained by any party found
to have been wrongfully enjoined or restrained. The United States, its officers, and its agencies are not required
to give security.
(d) Contents and Scope of Every Injunction and Restraining Order.
(1) Contents.Every order granting an injunction and every restraining order must:
(A) state the reasons why it issued;
(B) state its terms specifically; and
(C) describe in reasonable detail—and not by referring to the complaint or other document—the act or acts
restrained or required.
(2) Persons Bound. The order binds only the following who receive actual notice of it by personal service or
otherwise:
(A) the parties;
(B) the parties' officers, agents, servants, employees, and attorneys; and
(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A)-(B).
(e)-(f) omitted
Missouri Rule of Civil Procedure 92.02. Temporary Restraining Order--Notice-Preliminary Injunction--Bond--Form and Scope
(a) Temporary Restraining Order--With Notice.
(1) When Issued. The court shall not grant a temporary restraining order unless the party seeking relief
demonstrates that immediate and irreparable injury, loss, or damage will result in the absence of relief.
(2) Proof Required. A party seeking a temporary restraining order shall support that request with a verified
petition or affidavit reciting the specific facts that support the showing required by Rule 92.02(a)(1).
(3) Required Notice. Except as provided in Rule 92.02(b), no temporary restraining order shall issue without
reasonable notice at least twenty-four hours before the hearing on the motion to the party against whom
relief is sought.
(4) Form. A temporary restraining order shall be endorsed with the date and hour of issuance, shall be filed
forthwith in the clerk's office and entered of record, and shall set forth specific facts that support the
showing required by Rule 92.02(a)(1).
(5) Duration. A temporary restraining order shall expire within such time after entry, not to exceed fifteen
days, as the court fixes. The court may extend the order for additional periods, not to exceed fifteen days
each, if the party seeking relief shows that the grounds specified in Rule 92.02(a)(1) continue to exist.
(b) Temporary Restraining Order--Without Notice.
(1) When Issued. A party seeking a temporary restraining order without notice shall make the showing
required under Rule 92.02(a). The court shall not grant a temporary restraining order without prior notice to
the party against whom relief is sought unless the party seeking relief establishes that notice cannot be
given or notice would defeat the purpose of the order.
(2) Proof Required. A party seeking a temporary restraining order without notice shall file a verified petition
or affidavit reciting the specific facts that support the showing required by Rule 92.02(b)(1).
(3) Form. A 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 of record, and shall set forth specific facts
that support the showing required by Rule 92.02(b)(1). A temporary restraining order failing to set forth
such specific facts is void ab initio.
(4) Duration. A temporary restraining order granted without notice shall expire within such time after entry,
not to exceed ten days, as the court fixes. The court may extend the order for additional periods, not to
exceed ten days each, after notice to the party against whom relief is sought. The court may dispense with
such notice only if the party seeking relief establishes that notice cannot be given to the party against whom
relief is sought or notice would defeat the purpose of the order.
(5) When Set Aside. On one day's notice to the party who obtained the temporary restraining order without
notice, or on such shorter notice as the court may prescribe, the adverse party may appear and move to
dissolve or modify the order. At the hearing, the burden shall be upon the party seeking the temporary
restraining order to establish a right to relief.
(6) Sanction for Failure to Provide Required Notice. If the court finds that a party obtaining a temporary
restraining order without notice did not have a reasonable basis to proceed without notice, the party shall be
presumed to have acted in bad faith and to have violated Rule 55.03(c). The thirty-day provisions of Rule
55.03(d)(1)(A) shall not apply to proceedings under this Rule 92.02(b)(6).
(c) Preliminary Injunction.
(1) Notice. A preliminary injunction shall not issue unless the party against whom relief is sought is given prior
notice and an opportunity to be heard.
(2) Time. If a temporary restraining order is in effect for more than thirty days without a hearing on an
application for a preliminary injunction, the court shall schedule a hearing at the earliest possible date. The
hearing shall take precedence over all other matters except older matters of the same character. The hearing
on the application for a preliminary injunction may be delayed past these limits if all parties consent.
(3) Consolidation With Hearing on the Merits. At any time the court may order the trial of the action on the
merits to be advanced and consolidated with the hearing of the application for a preliminary injunction.
Any evidence received upon an application for a preliminary injunction admissible at the trial on the merits
becomes part of the trial record and need not be repeated at the trial. This Rule 92.02(c)(3) shall be so
construed and applied to preserve any party's right to trial by jury.
(d) Bond. No injunction or temporary restraining order, unless on final hearing or judgment, shall issue in any case,
except in suits instituted by the state in its own behalf, until the plaintiff, or some responsible person for the plaintiff,
shall have executed a bond with sufficient surety or sureties to the other party, in such sum as the court shall deem
sufficient to secure the amount or other matter to be enjoined, and all damages that may be occasioned by such
injunction or temporary restraining order to the parties enjoined, or to any party interested in the subject matter of
the controversy, conditioned that the plaintiff will abide by the decision that shall be made thereon and pay all sums
of money, damages and costs that shall be adjudged if the injunction or temporary restraining order shall be
dissolved. In lieu of the bond the plaintiff may deposit with the court such sum, in cash, as the court may require
sufficient to secure such amount.
(e) Form and Scope of Injunction or Temporary Restraining Order. 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 by reference to the petition or other document, the act or acts sought to be restrained; and
is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon
those persons in active concert or participation with them who receive actual notice of the order by personal service
or otherwise.