Ohio Civ.R. 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 his 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 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 notice and the reasons supporting his 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

he believes this information to be true. Every temporary restraining order granted without

notice shall be filed forthwith in the clerk's office; 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 fourteen days, as the court fixes, unless within

the time so fixed the order, for good cause shown, is extended for one 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 set forth in the order of extension. 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

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 n otice 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 reasonable 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 temporary restraining order or preliminary injunction is operative until the party

obtaining it gives a bond executed by sufficient surety, approved by the clerk of the court

granting the order or injunction, in an amount fixed by the court or judge all owing it, to

secure to the party enjoined the damages he may sustain, if it is finally decided that the

order or injunction should not have been granted.

The party obtaining the order or injunction may deposit, in lieu of such bond, with the clerk

of the court granting the order or injunction, currency, cashier's check, certified check or

negotiable government bonds in the amount fixed by the court.

Before judgment, upon reasonable notice to the party who obtained an injunction, a party

enjoined may move the court for additional security. If the original security is found to be

insufficient, the court may vacate the injunction unless, in reasonable time, sufficient

security is provided.

No security shall be required of this state or political subdivision, or agency of either, or of

any officer thereof acting in his representative capacity.

A surety upon a bond or undertaking under this rule submits himself to the jurisdiction of

the court and irrevocably appoints the clerk of the court as his agent upon whom any papers

affecting his liability on the bond or undertaking may be served. His liability as well as

the liability of the party obtaining the order or injunction may be enforced by the court

without jury on motion without the necessity for 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 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 upon the parties to the action, their officers, agents, servants, employees, attorneys

and those persons in active concert or participation with them who receive actual notice of

the order whether by personal service or otherwise.

(E) Service of temporary restraining orders and injunctions

Restraining orders which are granted ex parte shall be served in the manner provided for

service of process under Rule 4 through Rule 4.3 and Rule 4.6; or in manner directed by

order of the court. If the restraining order is granted upon a pleading or mot ion

accompanying a pleading the order may be served with the process and pleading. When

service is made pursuant to Rule 4 through Rule 4.3 and Rule 4.6 the sheriff or the person

designated by order of the court shall forthwith make his return.

Restraining orders or injunctions which are granted with notice may be served in the

manner provided under Rule 4 through Rule 4.3 and Rule 4.6, in the manner provided in

Rule 5 or in the manner designated by order of the court. When service is made pursuant

to Rule 4 through Rule 4.3 and Rule 4.6 the sheriff or the person designated by order of the

court shall forthwith make his return.