AK · rules
Alaska R. Civ. P. 65
Injunctions
(a) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued
without notice to the adverse party.
(2) Consolidation of Hearing with Trial on Merits.
Before or after the commencement of the hearing of 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 when
this consolidation is not ordered, any evidence received upon
an application for a preliminary injunction which would be
admissible upon the trial on the merits becomes part of the
record on the trial and need not be repeated upon the trial. This
subdivision (a) (2) shall be so construed and applied as to save
the parties any rights they may have to trial by jury.
(b) Temporary
Restraining
Order—Notice—
Hearing—Duration. A temporary restraining order may be
granted without written or oral notice to the adverse party or
that party’s attorney only if (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 that party’s attorney
can be heard in opposition, and (2) the applicant’s attorney
certifies to the court in writing the efforts, if any, which have
been made to give the notice and the reasons supporting the
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 of record; shall define the injury and
state why it is irreparable and why the order was granted
without notice; and shall expire by its terms within such time
after entry, not to exceed 10 days, as the court fixes, unless
within the time so fixed the order, for good cause shown, is
extended for a like period or 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 of
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 of all matters except older matters of the same
character; and when the motion comes on for hearing the party
who obtained the temporary restraining order shall proceed
with the application for a preliminary injunction and, if the
party does not do so, the court shall dissolve the temporary
restraining order. On two days’ notice to the party who
obtained the temporary restraining order without notice or on
such shorter notice to that party as the court may prescribe, the
adverse party may appear and move its dissolution or
modification and in that event the court shall proceed to hear
and determine such motion as expeditiously as the ends of
justice require.
(c) Security. No restraining order or preliminary
injunction shall issue except upon the giving of security by the
applicant, in such sum as the court deems proper, for the
payment of such costs and damages as may be incurred or
suffered by any party who is found to have been wrongfully
enjoined or restrained. No such security shall be required of
the state or a municipality or of an officer or agency thereof, or
unless otherwise ordered by the court, in domestic relations
actions or proceedings.
A surety upon a bond or undertaking under this rule
submits to the jurisdiction of the court and irrevocably
appoints the clerk of the court as the surety’s agent upon whom
any papers affecting the surety’s liability on the bond or
undertaking may be served. The surety’s liability may be
enforced on motion without the necessity of an independent
action. The motion and such notice of the motion as the court
prescribes may be served on the clerk of the court who shall
forthwith mail copies to the persons giving the security if their
addresses are known.
(d) Form and Scope of Injunction or 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 complaint 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.
(e) Standing Preliminary Injunctions in Domestic
Relations Actions. The presiding judge of each judicial
district may issue a standing injunction which restrains the
parties in all domestic relations actions, except dissolutions,
domestic violence actions and uniform reciprocal enforcement
actions, from:
(1) removing any child who is the subject of the action
from the State of Alaska without the written consent of the
other party;
(2) disposing of, encumbering or transferring any marital
property without the written consent of the other party, except
reasonably using funds for the parties or the parties’ children’s
personal and necessary expenses; and
(3) threatening, harassing, or harming the other party.
Such a standing injunction shall be effective against a
party upon receipt of a copy of the standing injunction by the
party or the party’s attorney.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 30 effective February 1, 1961; by SCO 223 effective January 1, 1976; by SCO 258 effective November 15, 1976; by Section 2, Chapter 82, Session Laws of Alaska 1977 effective September 1, 1977; by SCO 708 effective July 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1269 effective July 15, 1997; by SCO 1361 effective October 15, 1999; by SCO 1620 effective August 16, 2006; and by SCO 1939 effective January 1, 2019) Note: AS 10.06.630, as enacted by ch. 166, § 1, SLA 1988, amended Civil Rule 65 by changing the procedure for enjoining dissolution proceedings under AS 10.06.630. Note: In 1996, the legislature enacted AS 18.66.110– 18.66.130 relating to domestic violence protective orders. According to § 78 ch. 64 SLA 1996, these statutes have the effect of amending Civil Rule 65 relating to temporary restraining orders, the method of obtaining those orders, and the timing of those orders. Note: Chapter 42 § 2 SLA 1999 enacts AS 09.19.200 which governs the remedies available in civil litigation involving conditions in correctional facilities. According to § 3 of the act, the enactment of AS 09.19.200 has the effect of amending Civil Rules 59(f), 60(b), 62, and 65 by altering the remedies available and the procedure to be used in litigation involving correctional facilities. Note: Chapter 87 SLA 03 (HB 1) enacted AS 18.65.850- 860, which addresses protective orders for persons who are victims of stalking not involving domestic violence. According to Section 8(b) of the Act, these provisions have the effect of amending Civil Rule 65 relating to temporary restraining orders, the method of obtaining those orders, and the timing of those orders. Note: Chapter 54 SLA 2005 (HB 95) enacted extensive amendments and new provisions related to public health, including public health emergencies and disasters. According to Section 13(d) of the Act, AS 18.15.375(c)(3), (d), and (e), and 18.15.385(d) –(k), enacted in Section 8, have the effect of amending Civil Rule 65 by allowing temporary and ex parte injunctions to be issued and by expediting the procedures related to injunctive relief in matters involving public health. Note: Chapter 36 SLA 2006 (SB 54) enacted changes to the protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse. According to section 12 of the Act, the amendments to AS 18.65.850 and AS 18.65.855 made in sections 4 through 8 of the Act have the effect of changing Civil Rule 65 by changing the method for obtaining, and the timing of, temporary restraining orders. Note: Chapter 65, SLA 2018 (HB 170) enacted comprehensive changes to securities laws. According to section 30(d) of the Act, AS 45.56.655(c), enacted by section 25 of the Act, have the effect of changing Civil Rule 65, effective January 1, 2019, by changing the procedure for injunctions in certain cases and by prohibiting requiring the administrator (in the Department of Commerce, Community, and Economic Development) to post a bond. Cross References CROSS REFERENCE: AS 09.40.230
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
bf66616e3019b900fb139f8fb9ed07e8d8c886c5980b08289cc920716630900c
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