N.C. R. Prac. Super. & Dist. Ct. 5

As amended through June 18, 2024
Rule 5 - TEMPORARY RESTRAINING ORDERS; PRELIMINARY INJUNCTION HEARINGS
5.1 Ex Parte Restraining Orders

Ex parte applications for temporary restraining orders will not be considered in the absence of the written certification by the applicant's attorney as required by Rule 65(b) of the Rules of Civil Procedure.

5.2.Preliminary Injunction Hearing on Affidavits

The purpose of a preliminary injunction is to preserve the status quo of the subject matter involved until a trial can be had on the merits. A preliminary injunction hearing is interlocutory in nature. Parties are therefore encouraged to present to the Court at such hearing affidavits in support of facts not appearing of record. Ordinarily, the Court will hear the matter only on affidavits presented by the respective parties. The Court may, however, in its discretion and consistent with Rule 43(e) of the North Carolina Rules of Civil Procedure direct that the matter be heard wholly or partly on oral testimony or depositions.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5

Adopted May 30, 2023, effective 5/30/2023.