Rule 5.711 - Other ex parte orders and preliminary injunctions(a) Generally. (1) This rule governs all requests for temporary restraining orders, other ex parte orders, and preliminary injunctions, except for those relating to domestic violence or joint preliminary injunctions, and supersedes the submission and notice rules applicable to regular motions.(2) A party may file an ex parte motion, a noticed motion for a preliminary injunction, or both.(3) Ex parte motions filed under this rule shall be filed in a special case number provided by the court for such motions on which no parties shall be maintained for automatic service in the Eighth Judicial District Court's electronic filing system, but otherwise with the same caption as all other documents in the case.(4) Notice of filing an ex parte motion need not be provided where providing notice would frustrate the purpose of the order sought or cause a party or child to suffer irreparable injury.(5) Every temporary restraining order and preliminary injunction shall state with specificity the reasons for its issuance and the act or acts sought to be restrained, without reference to other documents.(6) Every temporary restraining order and preliminary injunction is binding on the parties to the action, their officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of the order or injunction.(7) If not served by automatic service in the Eighth Judicial District Court's electronic filing system, every ex parte order and preliminary injunction shall specify when it and all filings in support of its issuance must be served on the adverse party and specify the time for filing of the adverse party's opposition and supporting filings.(b) Proceedings relating to ex parte motions.(1) A motion for ex parte relief not more specifically governed by another rule must identify the circumstances claimed to require ex parte relief, explain any harm suffered or anticipated if it is not granted, and must detail the efforts, if any, made to give notice to the adverse party or the reasons, if any, that such notice should not be required. The motion will be granted only in cases of emergency.(2) A motion for ex parte relief must be accompanied by a proposed order. Every order entered upon ex parte motion shall state with specificity the reasons for its issuance ex parte and the specific relief ordered.(3) Every ex parte temporary restraining order shall state the date and time it will expire, not to exceed 30 days after its issuance, unless extended by either further court order or by a filed, written consent by the party against whom the order is directed. The reasons for any extension shall be recited in such order or consent.(4) Every ex parte order shall contain an order setting a hearing on the subject matter as soon as is practicable.(5) If the ex parte order concerns the taking of samples or drug testing, the results shall not be revealed to anyone pending a noticed hearing, unless the order specifies otherwise.(6) If the ex parte order concerns the seizure of assets or information in any form, the subject matter shall be held without inspection, modification, or deletion pending a noticed hearing, unless the order specifies otherwise.(c) Upon review of a motion for ex parte relief, the court may:(2) Direct the party requesting relief to file the motion in regular course;(3) Set a hearing on the subject matter of the ex parte motion, with or without providing notice of the motion, direct whether the ex parte motion and all filings in support of its issuance must be served on the adverse party, and specify the time, if any, for filing of the adverse party's opposition and supporting filings; or(4) Grant the ex parte motion, in whole or in part, or otherwise issue an order addressing the subject matter of the motion.(d) If a motion for ex parte relief is denied, unless the court directs otherwise, the court shall file the order denying the motion in the regular case number and direct that the motion may be refiled in the regular case number.(e) Proceedings relating to preliminary injunctions.(1) If, at the preliminary injunction hearing set by a temporary restraining order, the party who obtained the temporary restraining order does not proceed with the application for the injunction, the court shall dissolve the temporary restraining order.(2) A party affected by a temporary restraining order may file a noticed motion to dissolve or modify it.(f) Any evidence received upon an application for a preliminary injunction that would be admissible becomes part of the record and need not be repeated at a later hearing.Added effective 6/10/2022.