RI · rules
R.I. Dist. Ct. R. Civ. P. 65
Injunctions in Housing Cases
(a) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued without notice to the adverse
party.
(2) Hearing; Consolidation of Hearing With Trial on Merits. An application for
a preliminary injunction shall be heard on evidence or affidavits or both at the
discretion of the court. 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.
(b) Temporary Restraining Order; Notice; Hearing; Duration. No temporary
restraining order shall be granted without notice to the adverse party unless 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
notice can be served and a hearing had thereon. Every temporary restraining order
granted without notice shall be indorsed with the date and hour of issuance; shall be
filed forthwith in the clerk's office and entered of record; and shall expire by its terms
within such time after entry, not to exceed ten (10) days, as the court fixes, unless
within the time so fixed the order by consent or for good cause shown and after
hearing of argument by the parties or attorneys, is extended for an additional period.
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
may be given 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 he does not do so, the court shall dissolve the temporary restraining order. On two
(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.
If an application for a temporary restraining order without notice to the adverse
party is made to and denied by one (1) judicial officer of the court, such application
shall not again be made to any other judicial officer unless there is a material change
in circumstances. The judicial officer to whom such application was originally
presented shall note his or her action in the case file containing such application.
(c) [Reserved.].
(d) Form and Scope of Injunction or Restraining Order. Every order granting
an injunction and every restraining order shall be specific in terms; shall describe in
reasonable detail 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) Applicability. This rule shall apply to proceedings brought pursuant to G.L.
1956 (1970 reenactment) § 45-24.2-8.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f3d1ddd1026b5cafea73148b0440e15325418f4b09377dfa58998a09f620477c
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