Rule 65.Injunctions

Group VIII: Provisional and Final Remedies and Special Proceedings · Last amended March 1, 2021 · Last verified July 15, 2026

In one sentenceRule 65 sets North Dakota's requirements for temporary restraining orders and preliminary injunctions — notice, timing, evidence, security, and content — governing how a court grants, extends, dissolves, or enforces injunctive relief before trial on a permanent injunction.

Full Text of Rule 65

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(a) Temporary restraining order. A temporary restraining order is short-lived injunctive relief that the court may issue with less notice than required for a preliminary injunction. It prevents irreparable injury until the court decides whether to issue a preliminary injunction.

(1) Motion; Proposed complaint; Filing. The party moving for a temporary restraining order must submit a proposed complaint seeking injunctive relief with the motion. The moving party must file the motion, proposed complaint, and other supporting documents no later than the next court business day after submission. If the moving party does not timely file these documents, an issued temporary restraining order terminates at the end of that next business day.

(2) Notice. The party moving for a temporary restraining order must submit a declaration reciting the efforts made to give the opposing party's attorney, if known, or if not known, the opposing party, reasonable notice of the motion or the reasons why notice should not be required. Reasonable notice means any form of notice reasonably calculated to give actual notice of the date and time of submission of the motion to the court, affording the opposing party an opportunity to be heard.

(3) Basis for relief. The court may issue a temporary restraining order only if it finds:

(A) appropriate injunction grounds;

(B) a clear need for immediate relief; and

(i) the moving party gave reasonable notice or made reasonable efforts to give reasonable notice to the opposing party's attorney, if known, or if not known, to the opposing party; or

(ii) a substantial reason exists for not giving notice.

(4) Preliminary injunction hearing date. Unless for good cause the court directs otherwise, a party that obtains a temporary restraining order must obtain a preliminary injunction hearing time no less than 21 days, and no more than 28 days, from the temporary restraining order date.

(5) Temporary restraining order expiration. A temporary restraining order expires at the end of the 28th day after issuance unless the court for good cause directs a shorter time or the opposing party consents to a longer time. If the party that obtained the temporary restraining order cannot obtain a preliminary-injunction hearing within 21 to 28 days of the temporary restraining order date, the court may extend the temporary restraining order until the earliest possible time the motion may be heard. At or after the preliminary injunction hearing, the court may extend the temporary restraining order for no more than 14 days if necessary for deciding the preliminary injunction motion, unless for good cause a longer time is necessary. The court must enter the reasons for any extension in the record.

(6) Temporary restraining order service. A party that obtains a temporary restraining order must serve the order and the notice for the preliminary injunction hearing on the opposing party as follows:

(A) Summons and complaint not served. If the summons and complaint have not yet been served under Rule 4, then with the summons and complaint under Rule 4.

(B) Summons and complaint served. If the summons and complaint have been served under Rule 4, then under Rule 5.

(7) Motion to dissolve or modify.

(A) Notice and hearing. If the opposing party received less than four days actual notice of the temporary restraining order motion before the temporary restraining order was issued, the opposing party may move to dissolve or modify the order on four days actual notice, or on shorter notice the court for good cause sets, to the party that obtained the order.

(B) Burden. The party that obtained the temporary restraining order has the burden of justifying its continuation.

(8) Not extended by implication. A temporary restraining order remains a temporary restraining order even if the opposing party appears in opposition to the temporary restraining order motion or the court denies a motion to dissolve or modify the temporary restraining order.

(b) Preliminary injunction. A preliminary injunction prevents irreparable injury until the court decides whether to issue a permanent injunction at trial. A court may issue a preliminary injunction only after the Rule 65(b)(1) required notice of hearing. The moving party must file and serve the summons and complaint under Rule 4 no later than the time the party serves and files the notice of motion and motion for a preliminary injunction.

(1) Notice and hearing. Unless for good cause the court directs otherwise, the court may issue a preliminary injunction only when the moving party serves the preliminary injunction motion, supporting brief, and supporting materials on the opposing party at least 14 days before the hearing date.

(2) Briefing schedule. Unless for good cause the court directs otherwise, the briefing schedule for a preliminary-injunction motion is as follows:

(A) Temporary restraining order in place. When the moving party moves for a preliminary injunction with a temporary restraining order in place, the moving party must serve the preliminary injunction motion, supporting brief, and supporting materials within seven days after the temporary restraining order date. The opposing party must serve the response brief and supporting materials within seven days after service of the moving party's brief. Only on order of the court, for good cause shown, may the moving party serve a reply brief. Unless good cause is shown, the court must dissolve the temporary restraining order if the party that obtained it does not timely serve the preliminary injunction motion, supporting brief, and supporting materials.

(B) Temporary restraining order not in place. When the moving party moves for a preliminary injunction without a temporary restraining order in place, the moving party must serve the preliminary-injunction motion, supporting brief, and supporting materials on the opposing party. The opposing party must serve the response brief and supporting materials within seven days after service of the moving party's brief. The moving party must serve any reply brief within five days after service of the opposing party's response brief.

(3) Interim relief. If at the hearing on a preliminary injunction motion brought without a temporary restraining order in place, the moving party shows appropriate injunction grounds and the clear need for immediate relief, the court may on its own motion issue a temporary restraining order effective for no more than 14 days. The court may extend this order for good cause, but must enter the reasons for any extension in the record.

(c) Unnamed parties. Any unnamed party that a temporary restraining order or preliminary injunction would or does directly affect may be heard at an injunction hearing.

(d) Evidence.

(1) Temporary restraining order evidence. Unless the court directs otherwise, evidence on a motion for a temporary restraining order, or a motion to dissolve or modify a temporary restraining order, must be by declaration. A declaration supporting or opposing a motion for a temporary restraining order or a motion to dissolve or modify a temporary restraining order may be based on information and belief. The declarant must identify those parts of the declaration based on personal knowledge and those based on information and belief.

(2) Preliminary injunction evidence. Unless the court directs otherwise, evidence on a motion for a preliminary injunction may be by oral testimony. A declaration supporting or opposing a preliminary injunction must be based on personal knowledge and served with the parties' briefs. The court may permit additional declarations to be filed at or after the hearing.

(e) Trial on permanent injunction. If the court issues a preliminary injunction, the trial must be held within 180 days from the date a temporary restraining order or preliminary injunction was first issued unless the court for good cause extends the time or the opposing party consents to a longer time. The court should issue its decision within 60 days after the trial, unless for good cause a longer time is necessary. The court must enter the reasons for any extension in the record.

(f) Previous denial. A party moving for a temporary restraining order or preliminary injunction must state in the motion whether a judge previously denied the motion or a similar motion based on the same transaction or occurrence or series of transactions or occurrences, and if so, the identity of the judge or judges who denied the motion.

(g) Findings; Contents and scope of injunction.

(1) Findings. The court must state its findings of fact and conclusions of law under Rule 52 supporting the denial, issuance, dissolution or modification of an injunction. If the court issues a temporary restraining order without reasonable notice to the opposing party's attorney or the opposing party, the court must state why it issued the order without that notice.

(2) Contents.

(A) In general. Every temporary restraining order, preliminary injunction, and permanent injunction must:

(i) state its terms specifically.

(ii) describe in reasonable detail, and not by referring to the complaint or other document, the acts restrained or required.

(B) Temporary restraining order. Unless the court specifically finds the opposing party received four day's actual notice of the temporary restraining order motion before the temporary restraining order was issued, the temporary restraining order must state that the opposing party may move to dissolve or modify the order under Rule 65(a)(7) on four day's actual notice, or on shorter notice the court for good cause sets, to the party that obtained the order.

(3) Persons bound. A temporary restraining order, preliminary injunction, and permanent injunction binds only the following that receive actual notice of it by personal service or otherwise:

(A) the parties;

(B) the parties' officers, agents, servants, employees, and attorneys; and

(4) Clarification. Any party subject to, or potentially subject to, a temporary restraining order, preliminary injunction, or permanent injunction may move the court to clarify whether the order or injunction would apply to specified conduct.

(h) Security.

(1) In general. Except for good cause shown and recited in the record, a temporary restraining order or preliminary injunction does not become effective for enforcement until the moving party posts security in a form and amount that the court considers sufficient to pay the enjoined party's costs and damages if the court ultimately decides the moving party was not entitled to the order or injunction.

(2) No security required. The United States, the State of North Dakota, or an agency or political subdivision of either, or an officer of any of these acting in an official capacity, need not provide security.

(3) Form of security. The moving party may give the security in any form the court considers sufficient to secure the opposing party. Security may include a surety on a bond or other undertaking, a cashier's check, a certified check, a letter of credit, or a negotiable bond.

(4) Additional security. A party enjoined under a temporary restraining order or preliminary injunction may move the court for security if the court did not initially require it, or additional or different security if the court did require it. If the court decides on motion that security, or different or additional security, is required, it must vacate the order or injunction unless the party that obtained it provides the form and amount of security that the court requires within a reasonable time established by the court.

(5) Not a cap. The amount of security does not limit the costs and damages a wrongfully-enjoined party may recover from the party that obtained the temporary restraining order or preliminary injunction.

(i) Contempt. The court may punish disobedience of a temporary restraining order, preliminary injunction, or permanent injunction as a contempt.

(j) Other laws not modified. This rule does not modify statutes or rules that prescribe specific procedures for obtaining injunctive relief in any of the following actions:

(1) actions affecting employer and employee;

(2) actions for divorce, child or spousal support, parental rights and responsibilities, or domestic violence; or

(3) actions involving disorderly conduct.

End

Explanatory Note

Rule 65 was amended, effective July 1, 1981; July 1, 2012; March 1, 2014; March 1, 2021. Rule 65 is designed to provide a framework for injunction procedure in North Dakota. It integrates elements of the state's injunction procedure statutes, now superseded, with the federal rule on injunctions, Fed.R.Civ.P. 65, and concepts from injunction rules from other states.

Grounds for granting a permanent injunction are listed in N.D.C.C. § 32-05-04. Grounds for granting a temporary restraining order or preliminary injunction are listed in N.D.C.C. § 32-06-02.

The court should promptly hear and decide a motion to dissolve or modify a temporary restraining order. If the parties stipulate, the court may convert the hearing on the motion to dissolve or modify into the preliminary injunction hearing.

If the parties stipulate, the court may advance the trial and consolidate it with the preliminary injunction hearing. The parties and the court should take care, however, to preserve the right a party may have to a jury trial on issues separate from the issue of injunctive relief.

An opposing party may combine a Rule 65(h)(4) motion for security, or additional or different security, with a Rule 65(a)(7) motion to dissolve or modify a temporary restraining order.

Subdivision (g) was amended, effective March 1, 2014, to include references to permanent injunctions.

Rule 65 was amended, effective March 1, 2021, to delete the term "affidavit" and replace it with "declaration." This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.

Plain-English Summary

A temporary restraining order is short-lived injunctive relief a court can issue on less notice than a preliminary injunction requires, meant to prevent irreparable injury until the court can decide on a preliminary injunction. The moving party must submit a proposed complaint with the TRO motion and file both, along with supporting documents, by the next court business day after submission — miss that and an issued TRO terminates at the end of that day. The moving party must also submit a declaration describing efforts to notify the opposing party or its attorney, or explaining why notice should be excused, and the court can issue the TRO only if it finds appropriate injunction grounds, a clear need for immediate relief, and either reasonable notice or a substantial reason for skipping it.

Once a court issues a TRO, the party that obtained it must schedule the preliminary injunction hearing no less than 21 and no more than 28 days out, and the TRO itself expires at the end of the 28th day unless the court shortens that for good cause, the opposing party agrees to more time, or the court extends it because a hearing couldn't be scheduled in time. At or after the hearing, the court may add up to 14 more days if needed to decide the preliminary injunction motion, and it must record its reasons for any extension. Service follows Rule 4 if the summons and complaint haven't yet been served, or Rule 5 if they have. If the opposing party got less than four days' actual notice before the TRO issued, it can move to dissolve or modify the order on four days' notice, and the burden falls on the party that obtained the TRO to justify keeping it.

A preliminary injunction requires notice of hearing, and the moving party must file and serve the summons and complaint no later than when it serves the preliminary injunction motion. Absent good cause otherwise, the moving party must serve that motion, its brief, and supporting materials at least 14 days before the hearing. The briefing schedule differs depending on whether a TRO is already in place: with a TRO, the moving party serves within seven days of the TRO date, the opposing party responds within seven days after that, and a reply needs court permission for good cause, with the TRO subject to dissolution if the moving party doesn't serve on time; without a TRO, the opposing party still gets seven days to respond and the moving party gets five days to reply. Evidence on a TRO motion is ordinarily by declaration, which may rest on information and belief as long as the declarant identifies which parts are personal knowledge; evidence on a preliminary injunction may include oral testimony, and any supporting or opposing declaration must be based on personal knowledge. If the court issues a preliminary injunction, trial on the permanent injunction must happen within 180 days of the date the TRO or preliminary injunction was first issued, absent good cause or the opposing party's consent to more time, and the court should decide within 60 days after trial.

Every injunction order must state its terms specifically and describe the restrained or required acts in reasonable detail, without just pointing back to the complaint, and it binds only the parties, their officers, agents, servants, employees, and attorneys, and others acting in concert with them who get actual notice. Before a TRO or preliminary injunction takes effect for enforcement, the moving party must generally post security sufficient to cover the enjoined party's costs and damages if the order turns out to be wrongly granted — the United States, North Dakota, and their agencies and officers are exempt, and the security amount doesn't cap what a wrongfully enjoined party can later recover. Violating an injunction is punishable as contempt. Rule 65(j) leaves in place the separate procedures that already govern injunctive relief in employer-employee disputes, in divorce, support, parental-rights, or domestic-violence cases, and in disorderly-conduct actions.

Frequently Asked Questions

What's the difference between a temporary restraining order and a preliminary injunction in North Dakota?

A TRO is short-lived relief a court can grant on less notice, meant to prevent irreparable injury until the court decides whether to issue a preliminary injunction. A preliminary injunction, which requires more notice and a scheduled hearing, prevents irreparable injury until trial on a permanent injunction.

What does North Dakota require before a court will issue a TRO?

Rule 65(a)(3) requires the court to find appropriate injunction grounds, a clear need for immediate relief, and either that the moving party gave or made reasonable efforts to give notice to the opposing party, or that a substantial reason exists for not giving notice.

How long does a North Dakota TRO last, and when is the preliminary injunction hearing held?

A TRO expires at the end of the 28th day after issuance unless shortened or extended under Rule 65(a)(5), and the party that obtained it must generally get a preliminary injunction hearing scheduled no less than 21 and no more than 28 days from the TRO date.

Can the opposing party challenge a TRO before the preliminary injunction hearing happens?

Yes. If the opposing party got less than four days' actual notice before the TRO issued, Rule 65(a)(7) lets it move to dissolve or modify the order on four days' notice, and the party that obtained the TRO bears the burden of justifying its continuation.

Do I have to post a bond to get a TRO or preliminary injunction in North Dakota?

Generally yes. Rule 65(h) requires the moving party to post security before the order becomes effective for enforcement, unless the court finds good cause not to require it or the case involves the United States, North Dakota, or one of their agencies or officers acting officially.

Source & verification. Rule text and the Explanatory Note are reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the Supreme Court of North Dakota. Last verified July 15, 2026. · Official source

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