SCRCP 65

AND OTHER REMEDIAL WRITS

(a) Temporary Injunction; Notice. No temporary injunction shall be issued without notice to the

adverse party.

(b) Temporary Restraining Order; Notice; Hearing; Duration. No temporary restraining order shall

be granted without notice of motion for the order to the adverse party unless it clearly appears from

specific facts shown by affidavit or by a 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 endorsed with the date and hour of

issuance; shall be filed forthwith in the clerk's office and entered of record; shall be served, together

with a summons and complaint in the event no summons and complaint have previously been served

in the action, upon the adverse party in accordance with the provisions of Rule 4; 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 10 days, as the court fixes, 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 entered of record. In case a temporary restraining order is granted without notice,

the motion for a temporary 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 temporary 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. Except in divorce, child custody and non-support actions where the giving of security is

discretionary, no restraining order or temporary 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. No such security shall be required of the State or of an officer or agency thereof. A

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

irrevocably appoints the clerk of court as his agent upon whom any papers affecting his liability on the

bond or undertaking may be served. His liability may be enforced on motion without necessity of an

independent action. The motion and such notice of the motion as the court prescribes may be served

on the clerk of court who shall forthwith mail copies to the persons giving the security if their

addresses are known.

(d) Form and Scope of Injunction or Restraining Order. 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 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) Injunction to Suspend Business. No temporary restraining order shall be granted to suspend the

general and ordinary business of an individual, partnership, association or corporation. Same may be

suspended only by injunction after notice.

(f)(1) Remedial Writs. No writ of mandamus, habeas corpus, or other remedial writ shall be granted

without notice of motion for the writ to the adverse party, which notice shall be served, together with

the summons and complaint, in event no summons and complaint have previously been filed and

served in the action, upon the adverse party in accordance with the provisions of Rules 4 and 5. Such

notice and motion shall be supported by affidavit or verified complaint setting forth clearly the facts

entitling the moving party to such writ. The motion shall be heard upon such notice as the court may

prescribe, and the court shall proceed to hear and determine such motion as expeditiously as the ends

of justice require. Unless a different time be prescribed by the court, the adverse party shall plead to

the complaint and respond to such motion in the time prescribed by these rules for other civil actions.

(2) Damages; Costs; Fees. A claim for any other relief to which a party may be

entitled in the action may be joined with a claim for writ of mandamus, habeas corpus,

or other remedial writ, in accordance with these rules, including a claim for damages.

The prevailing party upon the motion for such writ shall be entitled to recover costs in

accordance with the practice as it heretofore existed in the courts of this State,

including attorneys fees where proper.

Note:

This Rule 65, except for the additions concerning mandamus, habeas corpus and other

remedial writs, is substantially the Federal Rule which, in turn, is very much the same

as present State practice. To conform to the "one form of action" requirement of Rule

2, a summons and verified complaint must be filed and served with the notice and

motion for temporary injunction, unless the action has already been commenced by

filing and service of the summons and complaint. An action may no longer be

commenced by the service of an order or "rule to show cause" only. This Rule 65

makes it clear that the various remedial writs are not causes of action but remedies or

relief, the right to which must be supported by the law and the facts. Therefore, the

injunction or other writ granted does not become permanent or final until final

judgment in the action. Rule 65(f) is added to the Federal Rule to both preserve and

modernize the procedure for obtaining other remedial writs in addition to injunction.

Note to 1986 Amendment:

This amendment [to Rule 65(c)] makes clear that the court may, but need not, order

the applicant seeking an injunction or restraining order in a Family Court case to give

security.