Miss. R. Civ. P. 65

(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 on 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 a trial. This

subdivision (a)(2) shall be so construed and applied as to save to 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 notice to the adverse party or his attorney 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 his 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 reasons supporting his 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 ten days, as the court fixes (except in

domestic relations cases, when the ten-day limitation shall not apply), 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 stated in the order.

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 take

precedence over all matters except older matters of the same character. 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 he 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, damages, and reasonable attorney’s fees as may be incurred or

suffered by any party who is found to have been wrongfully enjoined or restrained; provided,

however, no such security shall be required of the State of Mississippi or of an officer or

agency thereof, and provided further, in the discretion of the court, security may not be

required in domestic relations actions. The provisions of Rule 65.1 apply to a surety upon

a bond or undertaking under this rule.

(d) Form and Scope of Injunction or Restraining Order.

(1) Every order granting a restraining order shall describe in reasonable detail and not

by reference to the complaint or other document the act or acts sought to be restrained; it 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.

(2) Every order granting an 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) Jurisdiction Unaffected. Injunctive powers heretofore vested in the circuit and

chancery courts remain unchanged by this rule.