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RI · rules

R.I. Dist. Ct. R. Civ. P. 65

Injunctions in Housing Cases

activein force · 2024-02-01 – presentact-effective-date

(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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