M.R. Civ. P. 65

(a) 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. The verification of such affidavit or verified

complaint shall be upon the affiant’s own knowledge, information or belief; and,

so far as upon information and belief, shall state that the affiant believes this

information to be true. Every temporary restraining order granted without

notice shall be endorsed with the date and hour of issuance; shall be filed

forthwith 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 as the court fixes, unless within the time

so fixed the order, for good cause shown, is extended 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 2 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.

(b) Preliminary Injunction.

(1) Notice. No preliminary injunction shall be issued without notice

to the adverse party. The application for preliminary injunction may be

included in the complaint or may be made by motion.

(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 (b)(2) shall be so construed and applied as to save to the

parties any rights they may have to trial by jury.

(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, provided, however, that for good cause shown and recited in the

order, the court may waive the giving of security.

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 Restraining Order or Injunction. Every restraining

order and every order granting a preliminary or permanent injunction 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) Statutes. These rules do not modify any statute relating to temporary

restraining orders and preliminary injunctions in domestic relations actions,

actions affecting employer and employee or any other actions where an

injunctive proceeding is conducted according to statute.

(f) Presentation to Other Justice or Judge. When an application for an

injunction or for an order or decree under this rule is made to one justice or

judge and has been acted upon by that justice or judge, it shall not be presented

to any other justice or judge except by consent of the first justice or judge which

may be oral.