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AK · rules

Alaska R. Civ. P. 65

Injunctions

activein force · 2019-01-01 – presentact-effective-date

(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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Alaska R. Civ. P. 65 — Injunctions · binding.law