Ky. Cir. Ct. Clerks' Manual TEMPORARY INJUNCTIONS AND RESTRAINING ORDERS

92 TEMPORARY INJUNCTIONS AND

RESTRAINING ORDERS

CR 65

Circuit Court Process Map

 Temporary injunctions and temporary restraining orders are emergency

orders to prevent immediate and irreparable injury, loss or damage in a

pending circuit court action.

 A temporary injunction is issued on motion after notice and hearing, and

may restrict or direct the doing of an act.

 A temporary restraining order may be issued without notice to the adverse

party, and can only restrict the doing of an act.

 Clerks may not sign temporary injunctions or temporary restraining orders.

92.1 Temporary Injunctions

Quick Reference

1. Apply the FILED stamp to the motion of temporary injunction; add the File, date, initial

date and your initials.

2. Note the hearing on the calendar by completing a scheduled events Schedule event

screen. File the motion by completing a motion screen. Add motion

3. If the court issues the injunction, take the applicant's surety bond in the

amount set by the court. The surety's address must appear on the bond.

CR 65.05. For more information, see Surety Requirements. Verify surety

requirements.

4. Require the surety to make an affidavit to show qualification.

5. Collect a bond filing fee as set forth in the Accounting Manual, and give a Collect bond filing

receipt. fee

6. Apply the FILED stamp to the bond; add the date and your initials. File

the bond by completing a document screen. File bond, date,

initial

7. Enter the signed injunction by applying the ENTERED stamp; add the

date and your initials. Enter, date, initial

8. Enter the injunction on a document screen using document code INJT

and include a brief description, serve the injunction on all parties, and Document type

enter the method of service on the document screen. For more INJT

information, see Notice of Entry.

9. If the temporary injunction is not granted return to the motion screen

and memo “NOT GRANTED.”

TEMPORARY INJUNCTIONS AND RESTRAINING ORDERS

92.2 Temporary Restraining Orders

Quick Reference

1. Apply the FILED stamp to the verified complaint or affidavit; add the File

date and your initials. complaint/affidavit,

2. File by completing a document screen. date, initial

3. Immediately deliver the verified complaint or affidavit to a judge or trial

commissioner, following this order of priority: Deliver to judge

a. A circuit judge of the court in which the action is pending;

b. If no such judge is present in the county, then a district judge of that

judicial district;

c. If no such judge is present in the county, then a district court trial

commissioner of that county if he/she is an attorney;

d. Any circuit judge may act if no circuit judge of the court in which the

action is pending is present in his/her judicial circuit. CR 65.03(2).

4. If the judge issues the restraining order, take the applicant's surety bond

in the amount set by the court. The surety's address must appear on the

bond. CR 65.05. For more information, see Surety Requirements.

5. Collect a bond filing fee as set forth in the Accounting Manual and give a

receipt. Collect bond filing

fee

6. Apply the FILED stamp; add the date and your initials.

7. File the bond by completing a document screen using document type File, date, initial

BRO.

Document type

8. Enter the restraining order. Apply the ENTERED stamp; add the date BRO

and your initials. Enter the order on a document screen, including a brief

description. Serve notice on every party not in default and make an Enter, date, initial

entry on the document screen showing the manner of notice. For more NOE

information, see Notice of Entry.

9. Give the sheriff or other serving officer two copies of the temporary Give sheriff two

restraining order for each person being served. One copy will be for the copies for each

officer's return. If you are issuing the restraining order when the action person being

is begun, attach a copy of the order to the summons along with the served

complaint. CR 65.03(4).

10. When a return of service is received; apply the FILED stamp to the

return, add the date and your initials. Enter the return information in the File, date, initial

memo field of the document screen where the restraining order is

entered. NOT ISSUED: Memo

“Denied”

11. If the restraining order is not issued, make a memo on the

complaint/affidavit document screen indicating the order is denied.